Welcome to ChsGuru’s Answers:
Answers to your queries on Co-operative
Law as posted in Free Query’s* section on Chsguru.com.
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We formed a society recently. Builder
saying that due to not payment of service tax share certificate
will not be issued till due are cleared. Builder asking service tax on compete building.
Our building was 81 % complete before 01/07/2010.
Nitin Patil, Shri Sai Enclave, Vagad Nagar, Mira Road.
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The issuance of Share Certificate has got nothing to do with the payment of Service tax, upon formation
of the CHS the Share Certificates has to be issued by the society within a maximum period of 6 months from the date of allotment of the shares. Further the builder has no role in issuance of Share Certificates; it is the responsibility of the Managing Committee of the Society.
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Flat after redevelopment handed
over with OC in month of May 2014. Builder has still not
formed the society. Till formation of society, he is not
allowing flat owners to lease or sale flat till
society is formed. Please help.
Harshad Khona., 153, Udyam, S. V. Road, Vile Parle West, Mumbai - 400
056.
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This is
completely wrong & highhanded, the builder cannot do so. Why are you
being a silent spectator, why not avail of Legal Help? Consult a
Lawyer having good experience in this field & proceed legally, you can
also seek help from our Attorney.
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Dear Sir, our society has serious ligation against me that
I make dirt in society and they have complaint by member. Actually some
days ago secretary who stay my below flat, came to my flat & started
fighting with me because inadvertently maybe my daughter pour some water from
gallery which does not enter to his house on roof. So society imposed Rs. 500
fine and is continuously
harassing me by saying you only spread dirt in society. Sir please help me
Sushant. Bhise., Vedant, Vartak Nagar,
Thane West – 400 606.
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In our opinion the society does not have
any power to levy this kind of arbitrary fines, you
should oppose the same, for other kind of harassments & abuse you should
approach the local Police station, these kind of harassments & false
allegations will also amount to defamation.
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Sir, We are 14
new flat purchasers in a redeveloped society in Goregaon
West, out of the three old office bearers of the society, two have sold their
respective flats and as on date we have just one office bearer. We have
applied to the society for admission as members and issue of Share Certificate.
Please advice the procedure and if the
single office bearer can sign our share certificate?
Narendra Palrecha., Vitrag, Jawahar Nagar, Road no.5, Goregaon West,
Mumbai – 400 062.
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Once the Admission of members is approved
in the Managing Committee meeting,
the duly endorsed Share Certificate has to
be issued
to the incoming member within a
period of maximum 15 days thereof. The
Managing Committee by passing a resolution can authorise
persons to sign the Share Certificate. Further we are unable to understand,
as to why the society is not filling up the vacant posts of the Office bearers.
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The previous
Treasurer, Secretary & Chairman caused a loss of interest of Rs. 86,000
to our society by failing to
renew the Fixed deposits held in various banks under the name of Society. We even have a
letter from bank proving this. They had even hidden this fact from the other
MC members. Now they have
been removed from their posts but they are in MC. Who is primary responsible for such a
lapse & how do we recover the money from
such persons?
Ravi Joshi, Lok Housing, JSD Road, Mulund West, Mumbai - 400 080.
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The Act, Rules and bye-laws stipulate that if
some acts of the member have caused financial loss to the society, Inquiry
can be initiated u/s 83 of the Maharashtra Co-operative Societies
Act 1960 and upon report of such Inquiry Officer, the Registrar can pass order
to recover the same from the said members who are held responsible in the
Inquiry.
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Can the society send me a letter
as to visitors visiting my flat? They falsely claim that visitors are visiting my
flat at odd hours?
Anna Seixas, Mayflower, LBS Marg Opp. Phoenix Mall, Kurla West, Mumbai
- 400 070.
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