Posted at Patrika Channel Sorting Office. Mumbai – 400 001 on 1st & 16th of Every Month.

16 to 31 July - 2014 HOUSING SOCIETY MATTERS Page No. 1

MANAGING COMMITTEE MEMBERS, RESIDENTS OF CO-OP. SOC. & FRIENDS,

SPECIMEN OF THE POINTS OF THE NOTICE TO BE SEND TO BUILDER FOR

CONVEYANCE, BUILDING COMPLETION CERTIFICATE,

GETTING THE CORPUS FUND & FUNDS FROM THE BUILDER TRANSFER OF PROPERTY CARD,

GETTING AUDITED STATEMENT OF ACCOUNTS & ORIGINAL DOCUMENTS OF TITLE TO THE PROPERTY.

You may APPROACH CONSUMER COURTS AND METROPOLITIAN MAGISTRATES COURT.

MITHIL VINOD SAMPAT LAW STUDENT

901, Sheetalnath Tower, Shanti Sudha Park, Vallabh Baug Lane Ext . , Ghatkopar East , Mumbai 400 077. Tel. 2506 21 75 / 2506 21 76 /2506 48 51 / 2506 10 58.

POINTS OF NOTICE TO BE SEND FOR CONVEYANCE RELATED MATTERS

ADDRESS NOTICE TO VARIOUS GOVERNMENT AUTHORITIES LIKE

Chief Secretary

Principle Secretary, Housing,

Principle Secretary, Law & Order,

The Commissioner of Police,

Municipal Commissioner Bombay Municipal Corporation,

Commissioner Of Police

Builders & Developers,

Directors of Builders Company

Sir, Sub: Legal Notice to initiate action against the builder for purported violation of various laws of the

land including –

a) Not executing the Agreement with the Flat purchasers in the Format as prescribed in MOFA Act. b) Not handing over copies of various Municipal plans as well as complete set of architectural and

structural drawings. c) Not giving copy of the statement of accounts particularly of various amounts collected from

investors at the time of resale of flats. d) Not sorting out the grievances of flat purchasers. e) Failure to comply with the statutory obligations as mentioned in the MOFA Act. f) Not depositing the various amounts collected from the Flat purchasers in a separate bank

account. g) Negligence in managing the funds of the flat purchasers which are in your custody as a Trustee

of the funds. h) Not taking steps to correct the defects in the construction in the Flats acquired by the flat

purchasers. i) Failure to comply with the provisions of section 10(1) of MOFA Act. j) Making changes in the building plan without the consent of Flat purchasers. k) Deficiency of services and/or civil action proposed to be taken against you.

EDITOR : HEENA VINOD SAMPAT VOLUME -I, ISSUE NO. 11 MUMBAI - 16 to 31 July- 2014 Price Rs. 5/-

16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 2

l) Criminal action proposed to be taken against you. m) Damages of Rs. _____________ for the deficiency of service and failure to comply with the

statutory obligations.

(A) To initiate action against builder for alleged criminal offences of

Cheating ( Sec. 415) Abetment of a thing (Sec. 107) Public Nuisance (Sec. 268) Volunteers causing hurt to extort property or to constraint to an illegal act (Sec.

327) Wrongful Restraint (Sec. 342) Extortion (Sec. 384) Putting person in fear of injury in order to commit extortion (Sec. 385) Dishonest misappropriations of property. (Sec. 403) Cheating and dishonesty including delivery of property ( Sec. 420) Mischief( Sec. 425)

(B) Violations of the provisions of the Maharashtra Ownership of Flat Regulation

of the Promotion of Construction, Sale, Management & Transfer Act, 1963, particularly general liability of promoter of sec. 3,

Promoter before accepting advance payment or deposit to enter into Agreement and Agreement to be registered sec. 4.

Promoter to maintain separate account of sums taken as advance and deposit and to be trustee there for and disburse them for purposes for which it is given sec. 5.

Responsibility for payment of outgoings till property is transferred sec. 6. After plans & specifications are disclosed no alterations or additions without

consent of persons who have agreed to take the flat and defects notice within three years to be rectified sec. 7

Promoter to take steps for formation of Co-operative Society or company sec. 10.

Offences by promoter’s sec. 13.

REQUEST TO POLICE AUTHORITIES (TO REFER MATTER TO CRIME BRANCH AS HUGE FUNDS ARE INVOLVED) REQUEST TO MUNICIPAL AUTHORITIES TO BLACK LIST THE BUILDER AND HIS ARCHITECT STATISTICS WITH REGARDS TO RECEIPT OF OC, BLDG. COMPLETION CERTIFICATE

YEAR NO. OF

PROPOSAL RECEIVED

NO. OF IOD

ISSUED

NO. OF CC

ISSUED

NO. OF OC

ISSUED

NO. OF BCC

ISSUED

% OF IOD

RECD

% OF CC ISSUED

% OF OC ISSUED

% OF BCC ISSUED

2003-04 2143 1469 1871 951 202 68.50 87.30 44.38 9.43

2004-05 1937 1355 1948 911 168 69.95 100.56 47.03 8.67

2005-06 1766 1289 1829 967 168 72.99 103.56 54.57 9.51

2006-07 1720 1195 1731 887 143 69.47 100.64 51.57 8.31

2007-08 1602 1100 771 831 120 68.66 48.12 51.87 7.49

2008-09 1398 990 1528 590 133 70.81 109.29 42.20 9.51

2009-10 860 409 789 270 44 47.55 91.74 31.39 5.11

2010-11 1418 1062 1444 545 72 74.89 101.83 38.43 5.07

2011-12 1526 972 1402 936 96 63.69 91.87 61.33 6.29

Total 14370 9841 13313 6888 1146 68.48 92.64 47.93 7.97

NUMBER OF FLATS AND THE APPROXIMATE MARKET VALUE OF THE FLATS VIOLATION OF THE TERMS AND CONDITIONS MENTIONED IN THE BROUCHURE PROBLEMS FACED BY FLAT PURCHASERS NOT GIVING AUDITED STATEMENT OF ACCOUNTS OR THE BREAKUP OF THE AMOUNTS COLLECTED

TOWARDS VARIOUS HEADS. COPY OF THE PASS BOOK OF BUILDERS BANK ACCOUNT FOR THE AMOUNTS COLLECTED AND SPEND

TOWARDS VARIOUS HEADS. DATE BY WHICH POSSESSION OF FLATS HAS TO BE GIVEN BY BUILDER CARPET AREA TO BE MENTIONED IN THE AGREEMENT BASIS ON WHICH COMMON AREA CHARGES HAVE BEEN LEVIED DETAILS OF OUTSTANDING PAYMENTS NOT MADE TO COMPETENT AUTHORITIES / CONTRACTORS. EXEMPTIONS AS WELL AS VIOLATIONS OF THE TERMS AND CONDITIONS UNDER ULC

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MODEL AGREEMENT & MOF ACT DEFINITION OF PROMOTOR UNDER MOF ACT CHANGES IN BUILDING PLAN WITHOUT FLAT PURCHASERS CONSENT CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS STATUTORY OBLIGATION TO GIVE CERTIFIED TRUE COPIES OF VARIOUS DOCUMENTS AS MENTIONED

IN MOF ACT FLAT PURCHASERS HAVE PAID FOR THE COMMON AREAS AND AMENITIES OPEN CAR PARKING SPACE / STILT CAR PARKING SPACE / OPEN TERRACE BELONGS TO THE SOCIETY NON SUBMISSION OF FORM “T’ TO THE MUNICIPAL AUTHORITIES REASONS FOR NOT OBTAINING BUILDING COMPETION CERTIFICATE DATES ON WHICH VARIOUS PERMISSIONS ARE OBTAINED UNDER MUNICIPAL LAWS OF THE LAND NO RIGHTS IN FSI, TDR OR FUNGIBLE FSI ONCE FLAT IS SOLD FORMATION OF CO-OPERATIVE SOCIETY CONVEYANCE IN FAVOUR OF LEGAL ENTITY SIGNATURE OF FLAT PURCHASERS / LEGAL ENTITY’S REPRESENTATIVES NOT REQUIRED FOR

CONVEYANCE PURPOSE TRANSFER OF PROPERTY CARD IN MY CLIENTS NAME COLLECTION OF MORE THAN 20% AMOUNT WITHOUT EXECUTING A REGISTERED AGREEMENT COPY OF FORM I, II, III & IV TO BE GIVEN TO MY CLIENTS COPY OF VARIOUS PERMISSIONS / DOCUMENTS ROLE OF A BUILDER DOES NOT COME TO AN END AFTER COLLECTING MONEY ILLEGAL ACTS COMMITTED BY BUILDER JUDGMENTS THAT MAY BE RELIED UPON BY MY CLIENTS ALLEGED VIOLATIONS OF INDIAN PENAL CODE LEGAL NOTICE CALLING FOR COMPLIANCES AS WELL AS FOR DAMAGES

FROM

MITHIL VINOD SAMPAT

MANY TIMES DRAMATISING THE FACTS PLUS FAMILIARITY WITH

THE WORKING STYLE OF BUREAUCRACY HELPS IN GETTING THE DESIRED RESULTS.

IF POLICE OFFICERS ARE CONVINCED AND THEY THREATEN THE BUILDER AS REGARDS

LODGING OF FIR THE DESIRED RESULTS CAN BE OBTAINED QUICKLY.

AT TIMES BUILDERS HAVE EVEN OBTAINED ANTICIPATORY BAIL FOR NOT FORMING A CO OPERATIVE

SOCIETY, NOT EXECUTING CONVEYANCE ETC.

TIP ALSO USE SOCIAL MEDIA GROUPS TO CREATE AWARENESS AND YOU MIGHT GET UNEXPECTED DATA

USING GOOGLE SEARCH THAT CAN STRENGTHEN YOUR CASE.

IF YOU HAVE PROOF / APPREHENSION THAT BUILDER HAS COLLECTED AMOUNTS IN CASH THAN SUCH

FACTS / APPREHENDSION MAY ALSO BE BROUGHT ON RECORD.

WHENEVER YOU GO TO BUILDERS OFFICE OR TO MEET THE REPRESENTATIVE OF THE BUILDER YOU MAY

MAKE IT A POINT TO RECORD (USING SPY PEN ETC) THE CONVERSATION. IF CASH AMOUNTS ARE PAID

THIS COULD BE A GOOD SOURCE OF EVIDENCE.

WHENEVER YOU HAVE MEETINGS WITH THE BUILDER ALWAYS WRITE DOWN THE MINUTES AND

FORWARD THE SAME TO HIM FOR HIS APPROVAL

1. COMMON PROBLEMS RELATED TO CO-OPERATIVE SOCIETIES AND THE SOLUTION TO THE SAME:- ADV. DHARMIN VINOD SAMPAT

Some of the common problems related to co-operative societies and the solution to the same are produced as

under:-

S.N. Problem Suggested Solution

(A) AGAINST BUILDERS (ACT FAST BEFORE NEW ACT IS INTRODUCED.

1 Sale of open parking space by builder, sale

of pocket terrace by builder, not executing

a) Approach Consumer Court for deficiency of service.

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the conveyance, not giving statement of

accounts, not obtaining occupation

certificate, not obtaining building

completion certificate, not handing over

original documents of title of the property,

not transferring the property card in favor

of the legal entity.

b) Approach the criminal court for cheating, criminal breach of trust, mischief, violations of the provisions of Sec. 11 & 13 of MOF Act.

c) Lodge complaint with ULC Department as undertakings are given that conveyance will be executed within a stipulated period of time at the time of release of the plot from ULC.

d) Lodge complaint with ISO authorities if the builder has got an ISO certificate.

e) Lodge complaint with SEBI if the builder is going for a public issue and has not made the disclosures in the prospectus.

f) Lodge complaint with BMC to black list the builder. g) Lodge complaint with police seeking permission to take

out morcha by peaceful means to protest against the acts of the builder.

2 Builder not sharing the amounts received

from allotment of hoardings, installation of

mobile tower on the societies terrace

a) Approach the consumer courts for deficiency of service. b) Request police authorities to file an FIR. c) Approach city civil court d) Approach High Court.

3 Builders developing adjacent plot and

apprehension is there that the FSI/TDR of

the society is being used.

a) Write letters to BMC objecting to the same. b) File a suit in High Court / city civil court / consumer

courts praying for an injunction restraining the builder from utilizing the FSI/TDR of the plot of land for which the society has already been formed.

(B) CO-OPERATIVE SOCIETY

1 Society not allowing visitors to park

their vehicles in the building

premises.

a) Approach the police authorities stating that there is violation of the provisions of Table 15 READ WITH Regulation 36 of the Development Control Rules read with Regulation 36 which stipulates that 10% (now 25%) of the parking space has to be kept vacant for the visitors.

b) Lodge complaint with Bombay Municipal Corporation requesting the corporation to cancel the occupation certificate as the terms and conditions pertaining to IOD have been violated.

2 Society not allotting car parking

space to members.

a) Draw the attention to the provisions of Table 15 Regulation 36 of Development Control Rules of Greater Mumbai

b) Approach Consumer Forum for deficiency of service c) Approach Co-operative Court d) Approach Registrar’s office e) Note if you have other like minded members who are

deprived of parking one each can approach different authorities.

f) It will not make difference if the builder has sold car parking space to some other flat purchasers.

3 Society not carrying out repairs and

leakage in flats.

a) Approach the consumer courts for deficiency of service as well as the BMC. Recently Consumer Forum Thane Ulhas Dhondpat Karkare & others v/s. Chandravadan CHS Ltd., & others in Case No. 543 of 2008 decided on 31/10/2013 was pleased to award damage to the tune of Rs. 4 Lakhs to the complainant which amount was to be paid by the society, managing committee members as well as lawyers of the co-op. soc.

b) Approach Co-operative Court c) Approach Bombay Municipal Corporation d) Approach police authorities.

4 Society collecting exorbitant

amounts at the time of transfer of

flat, collecting exorbitant amount

towards non occupancy charges.

a) Approach consumer court for deficiency in service. b) Approach police station for extortion, mischief against all the

members of the managing committee with a specific request to lodge a First Information Report (FIR).

c) Approach metropolitan magistrates court d) Lodge complaint against auditor for Professional misconduct.

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5 a) Managing Committee members

not issuing Share Certificate to

members.

b) Society not taking action against

the members of the managing

committee who have misused the

funds of the society.

c) Society not taking action against

defaulters who are managing

committee members.

a) Approach Consumer Forum against society b) Approach Co-operative Court c) Approach the office of the registrar to remove the managing

committee members. d) If more complainants are there they can approach different

authorities.

6. Society and its members employing

minors

a) Lodge complaint for violations of Juvenile Workers Act 1986. Bye law No. 161(C) stipulates a punishment upto one year imprisonment and/or fine upto Rs. 20,000/-

b) Lodge Complaint with labour & police authorities

(C) CRITICS CORNER

1. Office bearers behaving as dictators, Some

members are having parties and disturbing

the peace in the building.

To lodge complaints with the registrar of co-operative

societies, approach co-operative court or consumer forum.

For certain matters contact police authorities.

2. Society not taking action against

unauthorised construction

Lodge complaint with Bombay Municipal Corporation for

unauthorised construction.

3. Society not responding to queries as

regards payment of service tax

Do the correspondence with service tax department.

4. Society not maintaining fire fighting

equipments.

As per section 3(1) Maharashtra Fire Prevention and Life

Safety Measures Act 2006 read with rule 4(2) Maharashtra

Fire Prevention and Life Safety Measures Rules every society

having a building of ground plus four floors and above have

to submit / arrange to submit every half yearly a certificate

to the fire authorities. I would like to have a copy of the same

at my cost for the last three years. Take up such matters with

fire authorities.

5. Society not showing records related to

various expenses being incurred by the

society.

Draw the attention of office bearers to the circular dated

10/3/1995 issued by co operative department.

6. Complaint against Chartered Accountant

who has audited the accounts of the

society.

Write to Institute of Chartered Accountants of India

highlighting provisions of act, rules and bye laws.

Eg. Exorbitant amount collected as donation, security not

given by persons handling cash. Rule 107-B. Money collected

for car parking deposit, amounts of some members waived

off, legal expenses recovered from only some

members+action at consumer forum.

7. Complaint against auditor on the panel of

registrar.

Request the authorities to take disciplinary action against the

auditor.

Request the authorities to remove the name of the auditor

from the panel of auditors.

If it is a case of negligence approach the consumer forum for

the losses caused with a prayer to recover the same from the

auditor.

File criminal case. In our view permission to file criminal case

from government authorities is required only if the person is

appointed by the government. If the employee is appointed

by the head of the state then permission is not required.

8. Complaint against government officers for

not giving the proper information

Always keep camera spy pen with you.

It is not known when it can come handy.

Approach the higher authorities.

Ask for the actions initiated against him in his earlier

postings.

Ask the pending departmental proceedings going against him

as of date. Here RTI Act can be of help to you.

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(D) COURT MATTERS

1. Government officer not passing the order

after the matter is kept closed for order.

Our supreme court issues order giving

compensation of 6 crores to NRI for

medical negligence.How much

compensation is awarded to our

citizens?

Politely state that the judgment in the case has been

reserved since a long time. Order XX Rule 1 of Code of Civil

Procedure Code, 1908 fixes a model Time Limit of 30 for

pronouncement of Judgment. Therefore please pronounce

the judgment at an early date and do the real justice since

‘Justice Delayed is Justice Denied’ (You may also ask for all

orders being passed by the said quasi judicial authority).

2. No track record as to the court case. Insist on roznamas of all the dates of the hearing.

3. Reply received from advocates that court

is not sitting.

Tell the advocate to take up the matter with the judge who

has got additional charge of the said court.

4. How to speed up court case.

WE OPPOSE SPEED MONEY.

If you are a senior citizen you have a right to request the

court to take up the matter for expeditious hearings in the

light of the high court circular dated 3/08/2009.

If a long date is given insist for a shorter date.

You can approach the higher court for directions to expedite

the court case if there is urgency in the matter. File

Miscelleaneous Applications to get the necessary

information.

5. How to protect ones interest in matters

where there is possibility of litigation.

ALWAYS CARRY LATEST GADGETS AND

RECORD……….

Use modern technology like google search and ask for help.

Tell your advocate to pray for ad interim injunction.

Tell the court for the appointment of court commissioner.

(E) RIGHT TO INFORMATION

1 Inspite of writing no action is being

initiated by government officers.

Make an application under the Right to Information Act to

the public information officer.

2 Evasive replies are given by the public

information officer

4578 illegal cell towers in Mumbai. Action

taken big zero. If a common man breaks

the law will the BMC be lenient. What was

our sleeping giant doing when such towers

were installed. Why are criminal cases not

being filed by BMC suo motto.

File an appeal. You may also file another application with the

public information officer asking for information which may

include copies of all the registers being maintained by the

office, when the said registers are being updated, details of

the registers which are incomplete, number of files in the

office which are misplaced, not traceable, number of letters

received per month by the office, details of the number of

matters disposed of within one week, inspection of the files

with specific reference to the files of the matters disposed of

within one week. If you have asked for documents like

certified true copy you can also approach the consumer

forum as you are a consumer. To put pressure you can tell

your relative at say Gujarat to file a complaint from Gujarat

in Gujarati. Section 11( c ) of the consumer protection act

stipulates that a case can be registered where the cause of

action wholly or in part arises. (Samajnewale ko ishara kafi

hai).

Ask for inspection and reply given to RTI queries in the last

six months.

3 Society not getting copy of building plan Write to the Bombay Municipal authorities asking for the

necessary information using the Right to Information act.

Also approach consumer forum for deficiency of services.

(F) POLICE RELATED MATTERS

1 Police not taking steps to lodge an FIR in

case of a cognisable offence

Approach the magistrate u/s. 156(3) of Criminal Procedure

Code to direct the police officers to register an FIR.

(G) HOW TO DRAFT COMPLAINT LETTERS

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Letter to Society/ Government authorities.

Do you agree that it is a matter of shame

for the residents of Mumbai that the

driver of the Bombay Municipal

Commissioner is getting more salary than

our Municipal Comissioner. No wonder our

Ex CM VIlasrao Deshmukh called standing

committee of BMC as an understanding

committee for the betterment of the

…………………… Corporation.

Address to society, managing committee members and

various government authorities.

Follow up with email to various government authorities.

Take up the matter on Lokshahi Din.

Just do not stick to one subject. Highlight all the wrong things

done in the society.

Dramatise the facts Eg. Say that the collective value of the

property is approx.. Rs. 50 crores. If it is government

department like BMS say that the yearly budget is Rs. 2,800

crores and the same is not properly utilized.

Ask for information which will result in time being spent by

the opposite party which information may not be very

important for you.

Highlight instances of corruption, inefficiency pointed out by

government authorities eg. Anti corruption bureau,

comptroller and auditor genral.

Request the government authorities to download the orders

as is stipulated in Right to Information act. It is common

knowledge that authorities do not do all their jobs as per

provisions of all in all cases,

Follow up with Right to Information application if the matter

pertains to government department.

LASTLY reserve your right to take action as per due process

of law.

(H) ACTION AGAINST AUDITORS (CA= COMPLETE ARRAM {HA HA HA})

FORM ‘ I ’

[See sub-rule (1) of Rule 3]

1 Name of Complainant

(with Membership number if Member of Institute of Chartered Accountants

of India)

2 Name of member / firm against whom complaint is being made:

With membership number/ registration number of the firm, if known)

3 Last address of the complainant for communication

4 Last available professional address of the member or firm against whom the

complaint is made

5 Particulars of allegation serially numbered together with corresponding

clause / part of the relevant schedule(s)

or

Particulars of allegation(s) serially numbered together with clause/ part of

relevant schedule(s) under which alleged acts of commissions or omissions or

both would fall

6 Particulars of evidence (s)adduced in support of the allegation(s) made 7 Name(s ) of person who have knowledge of the facts of the case

Date:

Place: Mumbai

Signature of Complainant

VERIFICATION

I ___________________, the complainant, do hereby declare to that what is stated above is true to

the best of my information and belief.

Verified today the ____ day of __________ at Mumbai

Date

Place

Signature of Complainant

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FAQ ON 50C OF INCOME TAX ACT

CA. Vimal Punmiya Adv. Vinod Sampat

Ques. How does Section 50C have an impact on the Seller when transaction is for Rs. 2 crores but valuation as per ready reckoner is Rs. 2.5 crores.? What is the importance of Stamp Duty Ready Reckoner on the seller? What are the alternatives available to the seller if the market value of the property as per the Stamp authorities is much higher than the value at which the transaction has taken place? Ans. Sale consideration is Rs.2,00,00,000/- which is less than stamp valuation of Rs.2,50,00,000/-. Thus, as the stamp value is higher than actual consideration, therefore as per section 50C(1) for the purpose of capital gain calculation sale consideration will deemed to be Rs. 2,50,00,000/-. But stamp valuation authority calculate stamp value of property on general rate of area and not as per individual property. However, the property fetch fair market value as per his merits and demerits. Therefore, property can fetch higher or lower value from the general value of area decided by the stamp valuation authority for the purpose of stamp duty. Therefore, in those cases where actual fair market value of property is less than the general rate of property as per stamp duty authority tax payer face hardship in form of additional tax liability just because of provision of section 50C. Therefore to avoid such hardship a right is given to assessee under section 50C(2). That if they feel that value adopted by the stamp authority is higher than value of property, then assessee can claim before assessing officer that value adopted by the stamp authority is higher than fair market value of property. In that situation Assessing officer will refer the matter to Department Valuation Officer. Reliance is placed on issue that stamp duty value cannot be sale consideration: New Kalindi Kamavati Co-op Housing Society Limited Vs. State of Gujarat and Ors (2006) The valuation adopted by the Stamp authorities cannot be considered conclusive. The Court while observing that : Sole reliance was placed on ‘jantri’ by Dy. Collector for determination of market value for stamp duty held that ‘jantri’; i.e., market valuation record book maintained by the Stamp Valuation authorities reflects probable market value and the same was not a conclusive evidence. In that situation value determined by the Department Valuation Officer or Stamp Duty Valuation whichever is lower will be taken as Sale consideration for the purpose of Capital Gain. In present case Stamp value of property is Rs. 2,50,00,000/- against the sale consideration of Rs. 2,00,00,000/-. As the stamp value is higher than actual sale consideration, therefore, the assesse can object the stamp duty valuation before the assessing officer. Q. What is the difference between a probate and a succession Certificate ? Ans. A probate is issued by the Court when a person dies having made a Will an executor applies to the court for grant of probate. A succession Certificate is issued to the legal heirs as per applicable laws of inheritance who apply to the Court in case a person has not made a will.

LINE OF ACTION IF YOUR HOUSING SOCIETY DOES NOT GIVE YOU DOCUMENTS,

J B Patel & Mithil Sampat

Quite often, the managing committee of your co-operative housing society refuses to give you

crucial documents or information. This happens when you have a dispute with the society. How to get those documents? I recommend four steps: 1) Make Application to the society under Maharashtra Cooperative Societies Act a) 32(1) of MCS ACT says that registered member of the society can inspect the required information, with prior permission, in the society's office during office hours. b) 32(2) of MCS ACT says that the member can make an application in writing to Chairman / Secretary for obtaining information about the society's affairs. Your society is bound to give

16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 9

you the required information within 30 days of the application on payment of legitimate charges prescribed in the bye-law -- Rs. 5/- per page. So, make an application to your society and endorse a copy to the Deputy Registrar of Cooperative Societies in your ward office. Please use polite language, and avoid accusations, references to previous incidents. Don't use harsh words like corrupt, arbitrary, misbehavior etc. Please write in a neutral and official tone. You may also quote the relevant circulars as well as high court judgments. 2) File Complaint against the society under MCS Act a) If the managing committee refuses to give information in response to your applications and/or Dy Registrar's notices, they are committing breach of law and willful neglect of law. The members of the managing committee are "jointly and severally responsible for acts and omissions detrimental to the interests of the society". If they do not give you information even 30 days after the above-mentioned application, you may appeal to the Dy Registrar to impose penalties and punishments on the managing committee under Section 146(j) and section 147 of the MCS Act. b) Under Section 89 A of the MCS Act, you can petition the registrar to "Inspect" the affairs of the society, specifically for violations of Section 73. For maximum effect, file separate complaints with various offices:

3) File RTI Application to Deputy Registrar Cooperative Housing Societies are not directly under Right to Information Act 2005 (RTI Act). But they are indirectly covered, through the office of Dy Registrar, as per section 2 (f), which entitles you to "information relating to any private body which can be accessed by a public

authority under any other law for the time being in force". This is an indirect way of obtaining information from a society. Make an RTI application to Dy Registrar of the ward in the format prescribed under Maharashtra RTI Rules "Annexure A" with Rs 10/- court fee stamp or Indian Postal Order. The Dy Registrar has to provide the said information, after getting it from your Society, using his powers u/s 77 & 78 of the MCS Act (to which RTI Sec 2(f) refers as "any other law for the time being in force.") Quite often, in response to the RTI application, the Registrar or Deputy Registrar will issue notices to the managing committee, threatening stern action if they do not provide information. Copy of this notice will be endorsed to you. Sometimes, this notice will have the desired effect, and you will get the information. But if the desired information is not provided within 30 days, you can invoke two legal mechanisms by filing a complaint with the Dy Registrar, say on the 35th day after the order. You invoke the mechanism of First Appellate Authority under RTI Act Sec 19(1). 4) If all the above remedies fail, approach Consumer Complaint As a consumer of services provided by a co-operative housing society, you are covered by the Consumer Protection Act in matters concerning the "business" of the society. Failure to give you necessary documents is a "deficiency in service", and so you may approach the Consumer Court and pray for reliefs i.e. copies of documents, and compensation for difficulties suffered by you.

RTI FILED FROM BANDRA by MITHIL VINOD SAMPAT. INFORMATION ASKED

FROM OFFICERS AT BOMBAY & POONA. SUMMONS WERE ISSUED TO

OFFICERS AT BOMBAY & POONA. CAN THE SAME LOGIC BE EXTENDED

FOR OTHER PLACES OF MAHARASHTRA? {SAMAJ GAYE?)

ADDRESS LETTERS TO VARIOUS GOVERNMENT AUTHORITIES ALSO

EMPHASISE THE QUANTUM OF FUNDS / BUDGET OF THE SAID

DEPARTMENT CONTRIBUTED BY TAX PAYERS.

LOKSHAHI DIN IS ONE OF THE BEST DAYS FOR YOU TO VENTILATE YOUR

COMPLAINT IF JR. OFFICERS HAVE NOT ACTED ON THE COMPLAINTS.

IF YOU KNOW THE WEAK POINT OF YOUR OPPONENT THERE IS A

POSSIBILITY OF GETTING THINGS DONE TO YOUR SATISFACTION. EG.

COPY OF BUILDING PLAN WILL HELP YOU IF YOUR FIGHT IS AGAINST THE

CO OPERATIVE SOCIETY.

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You can proceed with litigation in Consumer Court. Don't engage an expensive lawyer. If you have time and knowledge, appear as party-in-person and argue your own case. This will be an economical and effective solution, and also a learning experience for you. Consumer Court is not a forum for resolving disputes. Therefore, don't mention personal disputes. Your complaint must highlight various deficiencies of service, and negligence in rendering service, with documentary proofs for each allegation. Build up such documentation beforehand. Your case will be strong only if you establish that you wrote various letters, applications etc. requesting the managing committee by all lawful means to render you the legitimate services.

Your Case must be about the "business" of Cooperative Housing Societies. The scope of

a Housing Society's business is determined by the MCS Act, Rules and the registered

bye-laws. It broadly covers membership & share transfer, maintenance & service

charges, issues relating to proper conduct of general body and managing committee

meeting, accounts & audit parameters, proper maintenance of building, providing a

good living environment for all members, proper management and caution towards

society funds such as repair funds and sinking funds, due diligence in case of engaging

various contractors e.g. lift maintenance, civil works, repairs, and also building

redevelopers, project management consultants, etc. As you are paying money towards

monthly maintenance dues, sinking fund, repair fund, etc, you are a consumer who is

aggrieved by the managing committee's negligence in rendering services or deficiency in

services rendered.

CP Act is NOT concerned about the other laws. It is applicable "notwithstanding

anything in any other laws", which includes the MCS Act (section 164 or whatever). It

is "over and above" all the laws of the country as long as the law is appropriately invoked

by a Consumer within the limitation of time i.e. within 24 months from the date of

grievance arising.

CP Act is termed as an "ADDITIONAL REMEDY" and not "Alternative Remedy". You may

file for your grievances in the Co-operative Court as well as Consumer Court, and the

orders of both will have to be honoured independently.

Only the aggrieved party has the right to file case in the Consumer Court. As against

this, subject to certain parameters, a third party may petition the Deputy Registrar /

Cooperative court, to initiate suo moto proceedings for violations of the MCS Act.

Case is against the Housing Society, and not against individuals. In both Consumer

Court and Cooperative Court, complaints and cases may be filed against the CHS. You

cannot target individual managing committee members, as you would do in criminal

proceedings.

You may simultaneously file FIR or Private Complaint with Magistrate against

Individual member of the Managing Committee. Even if you have initiated proceedings

in Cooperative Court and Consumer court, you may also initiate proceedings in

Criminal Courts, if you have documentary evidence of nefarious activities such as

misappropriation of funds, forgery of society records, duplicate share certificates, letting

out the society property for mobile towers, advertisement hoardings etc. without the

written consent of 75% members, rigged and manipulated elections, forged and back-

dated M-20 Indemnity Bonds, refusal to transfer membership based on caste, creed,

religion, assaulting members. This can be done without any permission / sanction from

the Registrar of Co-operative Housing Societies, because it is against individuals, and

not against the society.

24X7 PROBLEM OF CAR PARKING

If you are deprived of car parking than you have every right to approach

consumer forum or co operative court. Just because someone has paid money

to builder for (open/stilt/basement) car parking that does not mean you

cannot get car parking. The remedy of such purchaser is against the builder

and not the co operative society.

16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 11

FAQ SLUM REHABILITATION AUTHORITY ADV. RAYMOND SAMUEL & ADV. DHARMIN VINOD SAMPAT

Q.1. Define ‘Slum area’ under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. ‘Slum area’ means any area declared as such by the Competent Authority under sub section (1) of section 4 and includes any area deemed to be a Slum area under Section 4A. Q.2. Define ‘Slum Clearance ? Ans. ‘Slum Clearance’ means the clearance of any slum area by the demolition and removal of building there-from; Q.3. Define ‘Appellate Authority’ under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. ‘Appellate Authority’ means the Appellate Authority appointed by the State Government under Section 35. Q.4. Define ‘Collector’ under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. ‘Collector’ means the Collector of a district and includes an Additional Collector or any officer appointed by the State Government to perform the functions of a Collector under this Act.

Q.5. Define ‘Chief Executive Officer’ under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 ? Ans. ‘Chief Executive Officer’ means a Chief Executive Officer of the Slum Rehabilitation Authority appointed under sub section (2) of section 3A; Q.6. What is Annexure-I ? Ans. Annexure-1-lays down the format for submitting the Scheme as per modified scheme. Q.7.What is Annexure-II ? Ans. Annexure-II provides for a certificate in respect of the persons residing in a Slum within the purview of the said policy decision. Q.8.What is Annexure-III ? Ans. Annexure-III provides for the details required to be furnished to assess the financial capability of the ‘Developer’ to execute the SRA Scheme.

SR. NO. NAME OF THE BOOK AMOUNT (RS.) 1 2014 CO-OPERATIVE SOCIETIES READY RECKONER (AUGUST 2014) 750 2 2014 ANSWERS TO YOUR QUESTIONS ON CHS (ENG) (AUGUST 2014) 150 3 2014 ANSWERS TO YOUR QUESTIONS ON CHS (GUJ) (AUGUST 2014) 350 4 2014 ANSWERS TO YOUR QUESTIONS ON CHS (HINDI) (AUGUST 2014) 150 5 2014 ANSWERS TO YOUR QUESTIONS ON CHS (MARATHI) (AUGUST 2014) 200 6 2014 CONVEYANCE FOR CO-OPERATIVE SOCIETIES (AUGUST 2014) 250 7 2014 CO-OPERATIVE SOCIETIES & CRIMINAL LAW (AUGUST 2014) 250 8 2014 CO-OPERATIVE SOCIETIES GUIDE (AUGUST 2014) 250 9 2014 SERVICE TAX & CO-OPERATIVE SOCIETIES (SEPTEMBER 2014) 200 10 2014 SPECIMEN RESOLUTIONS, TRANSFER OF FLAT & PRACTICAL

SUGGESTIONS (AUGUST 2014) 200

11 2014 SPECIMEN PETITIONS IN CO-OPERATIVE COURTS (AUGUST 2014) 400 12 2014 STAMP DUTY READY RECKONER NAVI MUMBAI 350 13 2014 STAMP DUTY READY RECKONER MUMBAI 450

THE MOST DANGEROUS ALPHABET AMONGST A –Z IS ‘I’ WHICH TO A CERTAIN EXTENT STANDS FOR A PERSONS EGO.

16 to 31- July - 2014 HOUSING SOCIETY MATTERS Page No. 12

We can offer my services for work related to

RETAINERSHIP OF

CO-OP. SOCIETIES

RECOVERY OF DUES

SOCIETY FORMATION

REGISTRATION OF

AGREEMENT

INITIATING ACTION AGAINST

BUILDER

DOCUMENTATION LIKE TRANSFER

OF FLAT

PROPERTY CARD IN

SOCIETIES NAME

LIASONING &

DOCUMENTATION OF CIDCO,

MIDC

LIASONING AT MANTRALAYA,

CHARITY COMMISSIONER OFFICE,

MHADA, SRA, BMC

MHADA TRANSFER SERVICE TAX VAT

RETAINERSHIP FOR

BUILDERS / ESTATE

AGENTS / CHS

DOCUMENTATION

REDEVELOPMENT OF

BUILDING

DRAFTING WORK LIKE

PARTNERSHIP AGREEMENT

CONVEYANCE IN

FAVOUR OF SOCIETY

STATUTORY REGISTERS

MINUTE WRITING OF MC /

GENERAL BODY

STAMP DUTY

ADJUDICATION

Contact:

Mithil Vinod Sampat (Law Student)

A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane,

Near Eastern Express Highway, Ghatkopar (E), Mumbai – 400 077.

Tel. 3240 21 55

DOCUMENTATION WILL NORMALLY NOT TAKE MORE THAN THREE HOURS PROVIDED ALL THE

NECESSARY INFORMATION IS MADE AVAILABLE TO US.

The time taken normally by me (after receipt of all the information) for drafting different types of documents is

as under.

Transfer Set (Two Hours) Registration of Agreement (One Hour)

Transmission Set (Two Hours) Notice for Initiating action against Builder in

Consumer Court

(One Hour)

Recovery Application (Two Hours) Leave & License Agreement (One Hour)

Membership Appeal (Two Hours) Will (One Hour)

Advertisement.

Reasonable care has been taken about the correctness of the information. If there are any errors of any

nature whatsoever, then myself as well as the persons directly and / or indirectly associated with the circular

in any matters whatsoever, are not responsible for the same.

YEARLY SUBSCRIPTION OF HOUSING SOCIETY MATTER

Rs. 1,000/- CHEQUE FAVORING SMT. HEENA VINOD SAMPAT MAY BE SENT.

WE WELCOME CONSTRUCTIVE SUGGESTIONS. hsg.soc.sampat@gmail.com

RNI No.: REG NO.: 125225/ 2012 Posted at Patrika Channel Sorting Office.

REG No.: MH/MR/NORTH EAST/282/2012-14 Mumbai – 400 001 on 2nd & 16th of Every Month

Published on 2nd & 16th of every month.

To,

The Hon. Secretary / Chairman,

If undelivered please return to

EDITOR : HEENA VINOD SAMPAT Correspondence Add: A-901, Sheetalnath Tower, Sudha Park, Shanti Sudha Lane, Near Eastern Express Highway,

Ghatkopar (E), Mumbai – 400 077.

Tel.: 3240 21 55; Email Id: hsg.soc.sampat@gmail.com

____________________________________________________________________________________________

Printed, Published, Edited and Owned by HEENA .V. SAMPAT, Printed at Hardeek Printer,

79, Khadilkar Road, Gandhi Niwas CHS., Opp. Narayan Wadi, Mumbai – 400 004.and

Published from 201, Shrimad Darshan , Plot No.92, Off, Rambaug Lane, Opp. Tilak Road

Lions Garden. Ghatkopar (E), Mumbai – 400 077. Editor : HEENA .V. SAMPAT