Complaint Details

Status : Closed Closed
Complaint No
 : 0003864/2013
Category : Others
Date : 24-03-2013
Subject Line : Illegal Harassment by the Housing Society Management Committee - New Dhruva CHS Ltd., - Reg. No. TNA/KLN/HSG(TC)/7347/1994-95 of 16.03.1995
     
Complainant : Pawan Kumar Kuwar
Address : 14/14401, New Dhruva CHS Ltd., Star Colony, Manpada Road, Dombivli (East)
     
Complainee : New Dhruva Co-Operative Housing Society Limited
Address : 13/13002, New Dhruva CHS Ltd., Star Colony, Manpada Road, Dombivli (East)

 

Complaint Details
Respected Sir,

I, Pawan Kumar Kuwar, am a resident of New Dhruva CHS Ltd., Star Colony, Manpada Road, Dombivli (East) - 421204. I had purchased flat no. 14401, in resale, in the abovesaid society in Nov. 2011. I have taken a Home Loan from HDFC to pay for the same.

Kindly note the sequence of the events :

1) The Share transfer fees of Rs. 10,000/- was already paid in May 2011 (as per society records)

2) An NOC from the society in HDFC format was issued on 17.11.11, signed by the Secretary, Anish Kayandath. After completing the formalities of the Home Loan, I had handed over the Original Share Certificate alongwith the requisite application personally to the Society Chairman, Mangesh Dongare in the 1st week of Dec. 2011. Further an application was given by me, to the Chairman, for an NOC in MSEB format for the change of name in Electricity Bill on 01.01.2012.

3) An NOC again given by the society signed by the Secretary, Anish Kayandath, on 09.02.2012, emphasizing me, Pawan Kumar Kuwar as a member of the Society and the owner of flat no. 14401. After that, the Society Managing Committee did not take any steps for the transfer of name in the Share Certificate and issuing me an NOC in MSEB format.

4) Many applications were given by me, some of which are, as attached. Complaint applications dated 15.07.12, 25.09.12, 12.10.12, were handed over personally to the Chairman, Mangesh Dongare. AGM was held on 05.08.12 and two applications were given, separately, each depicting my greivance, was handed over to the Society Managing Committee. Still nothing concrete was done.

5) I tried to converse with the Society Managing Committee umpteen times, but they were not giving any reasons, whatsoever for this unlawful delay. My grievances went unanswered and they did not reply to even a single one of my complaints. I was fed up of their casual attitude towards such an important social obligation.

6) Applications dated 18.01.13 and 30.01.13,given to the Chairman and the Secretary, were also forwarded to the Office of Deputy Registrar Co-Operative Hsg. Societies and Thane District Co-Op. Housing Federation through Ordinary Post. But it was still zilch. I had even filed an RTI for my grievance which was received by the Office of Deputy Registrar Co-Operative Societies, Dombivli Ward, on 12.02.13, but I haven't received a reply till date. I am considering to file a First Appeal for my RTI query.

7) Still, lull. Enough leeway was given to the office bearers of the Society Managing Committee but they did not seem inclined to do their job. Then, I sent a Notice to the Chairman, Mangesh Dongare and the Secretary, Anish Kayandath. The Secretary, however, as his nature, belligerently refused to accept the Notice sent by Speed Post AD and lost his control over the deliveryman. He even tried to tear off the envelope without acknowledging it. This refusal was reported by me, to the Thane District Co-Operative Housing Federation. The fact that I will approaching the District Consumer Forum was sent as a letter through Registered Post to the Office of the Deputy Registrar Co-Operative Societies, Dombivli Ward, and District Deputy Registrar of Co-Operative Housing Societies, Thane.

Sir, I have been harassed for over a year by the Society Managing Committee for my Share Certificate and an NOC in MSEB format. These are mandatory documents to be provided by the Society Managing Committee. Kindly help me, to get my documents, as moving Consumer Court would be my last resort.

For your information, I have no maintenance dues pending and the Society Managing Committee have never given me, any kind of Notice, so this attitude of theirs baffles me. The Society records still show that flat no. 14401, as belonging to the previous owner, KKV Nair.

My complaints against the Society Managing Committee are as follows:
a) Non issuance of Share Certificate
b) Refusal of Membership
c) Tampering, suppression and destruction of the records of the society.
d) Non acceptance of correspondence from a resident of the Society.

Regards
Pawan Kumar Kuwar

Replies

Date: 2013-03-26 12:27:40
Subject: your complaint against New Dhruva CHS Ltd
Reply: Dear Mr Kuwar,

Your complaint was forwarded to our legal cell and their comments are as follows - Thank you_Divya

"Your is a typical case of the autocratic high handed behavoir of the Managing Committee coupled with incompetance. The gross apathy is due to corrupt Co-operative department. This is the reason why the otherwise wonderful concept of co-operative functioning has gone to the dogs. The powers of teh Registrar's office is more often used to harass perople, like a dog would when a do is mastered by a piece of buiscuit thrown at him. You have I understand filed a complaint u/s 22 of the MSCA with the Ast registrar, who is required to give a hearing and pass suitable orders. In any case there is no reason why membership can be avoided from being transfered. The only reason can be for the default of the member or non-payment of the transfer charges or if the person has been convicted for moral terptitude. I suggest you should follow up with the Registrar of Co-operative in Pune, as well as with the Minister of Co-operation. As far as Consumer Fourm is concerened, you have paid the transfer premium charges as well as the membership fees of Rs 100 and therefore you are a Consumer. The Managing Committee if it is formed priiort toJanuary 2012, then should have executed the M-20 Bonds, failing wihch they are deemed to have vacated their post. In your consumer complaint, please make the society and all the memebrs of the managing committee a party in their personal names and also claim heavy compensation of Rs 50,000/- from each of them, for the mental trauma, anxiety and the physical hardship of having written many letter and made many visits besides the financial expenses on tehe letetrs, complaint to the Registrar's office etc. Not responding to your letters and complaint is also a breach of the Bye-law 65".
 

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