Krishnadas Menon
I would like to know the following things about voluntary donation & Shifting charges
1.Our co-operative society is located in Thane ( Maharashtra), in the year 2013, our 3rd AGM passed an resolution Voluntary donation to society welfare fund of Rs.50000/- by residential flat seller and Rs.100000/- by shop seller , with immediate effect . And collected fund from sellers ( As per bylaws its violation), and the resolution passed committee members are later resigned from the committee. One of the ex-committee member purchased another flat in the same premises, and given cheque of Rs.50000/- under protest (The on behalf of buyer the seller given a cheque to the society as per their mutual understanding). Later the buyer convinced some of residence saying that Voluntary donation is violation of bye laws (does not bothered while pass the resolution when he was in the committee) and demanding refund and AGM was favored him ,
The new managing committee abolished the Voluntary donation from last SGM conducted In the year 2015. I, feel that its Morally wrong but legally right.If the society can refund the amount to the persons who sold a year back, same way to one buyer who paid the amount on behalf of the seller. (He is current society member), what is the legal procedure, please advice in detail.
There is any provision to penalized legally the Ex-committee who passed voluntary donation clause ? (Only to discourage in future no committee should pass a resolution (in the name of majority) by violating bye laws/law of land)
2.Shifting charges:- The society is passed a resolution any tenant shifting in to the building have to pay shifting charges to the society Rs.3100/- either by Tenant/Flat owner. Is it allowable as per bye laws please explain.
I C Naik
A dispute about resolution of the committee or general meeting is to be referred to the Cooperative Court under Section 91 of the MCS Act 1960.
reasonable shifting charges can be levied on tenants.
