Ever-since our purchase of the flat No. 1804 in the Star residency in the year 2014, society has started harassing us right from day one when we approached them for transfer of the said flat on our name UNDER SECTION 32 OF THE ACT 1960.
Society has first of all asked for entrance fees of Rs 75000/- in cash besides Rs.25000/- officially for which we have strongly objected being educated alter citizen, but since we were new member we surrendered to the demand of society and paid on money of Rs.75000/- under protest, for which no receipt is issued to us for the said amount which is the practice followed by society for years together. From that day on words society started picking up quarrels with us.
ON 11thOct.2015 society has called AGM 2014-2015 by violating bye-laws 94(a)(b) as there is no provision under law for extension to hold AGBM, in case of default in calling the AGBM as stipulated in the bye- laws 94(a) attracts disqualification and action provided under MSCS ACT 1960 SECTION 75(5).
I have strongly objected the legality of the AGM 2015-2016 taken on 11th day of Oct.2015 and complaint to the sub Registrar K west ward Bandra (East) Mumbai.
On the 04/11/2015 Sub- Registrar has issued show cause notice to the society for which society did not reply till date, shows admission of all my allegation as true and correct.
On 22/01/2016 society has called towing vehicle and police in our absence and removed my vehicle saying un authorized park vehicle subsequently I approached the concerned police station for necessary action .The senior Police Officer on hearing the arguments of both the parties asked the society to maintain status co with the warning that they will not harass me and asked the society to go to the civil court if at all there is any dispute.
Subsequently I brought back my forcibly removed car and again park in the compound which was forcibly removed.
Again going one step forward, they have charged me with 5 times total Maintenance charges amounting to Rs. 33,000/- without any notice. Saying the section as 169A.
Also, they are not signing on Share certificate for transfer of flat.
I C Naik
The best and easy way for you is to file a complaint written by you (No lawyer required) to District Consumer Court in Bandra. The meaning of all that the Society is doing is a deficiency in service by the Society to Member. In Bandra itself there is an Office of the District Deputy Registrar. File copies of your correspondence on the subject with a covering letter requesting for immediate intervention in the matter.
You can send copy of the letter to DDR to Joint Divisional Registrar (In charge of Housing Societies) Pune as also to the Secretary Cooperation Maharashtra Government in Mantralaya. When these copies are spread all over from some corner you are bound to get some attention. Send a copy to Times of India Mumbai.
