From Deputy District Registrar (DDR") in Response to Mr. Seghal's Complaint

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Translated English Version

Office of Deputy Registrar, Cooperative Agency Pune City (5),

Sakar Sankul, Shivaji Nagar, Pune 411005

Phone No: 020 -2       email drcspune@gmail.com

 

Ref . No : Pune City(5)/DIV-3/Dispute/GangaNebula/345                         Dated 7 June 2014

To,

1) Shri. Vijay Seghal (Applicant)

Ganga Nebula Cooperative Housing Society Ltd.

Viman Nagar, Pune 411004

2) Chairman / Secretary

Ganga Nebula Cooperative Housing Society Ltd.

Viman Nagar , Pune 411004

S. NO 230/A/3/2, Viman Nagar , Pune 411004

Subject: Renting the Apartments

Context:

1)    The Application submitted by Mr. Vijay Seghal member of Society to the  society dated 13/09/2013 addressed to the Chariman and photocopy of the same beinged received by this office on 25/04/2014.

 

2)    Hearing conducted in this office on 04/06/2014.

According to the above mentioned Context No. 1 Mr. Vijay Sehgal had submitted an application via a letter addressed to the Chairman of the Society to convey that “Society cannot prevent renting out the apartments to students and bachelors” and a copy of the letter was submitted to this office and requested appropriate action on it. Based on the application this office had sent notice to the applicant and the society on 29/04/2014 informing them to attend a hearing on 15/05/2014. The hearings were arranged on 15/05/2014, 27/05/2014 and 04/06/2014.

            On 04/06/2014 Mr. Vijay Sehgal and Society Chairman Mr. Ulhas Dani were present. Applicant Mr. Vijay Sehgal informed that the Society had passed a resolution (Bill) in General Meeting/Assembly for “Not to rent the apartments to Students or Bachelors”. “This matter (such resolutions) is against the Cooperative Law. Bachelors are staying in one of the buildings of the society. Therefore the Society should revert the resolution passed in the General Meeting. The Society should setup rules regarding renting of the apartments. If someone breaks the rule then the society should recover fines from them. The Society should let at least the Bachelor’s live in the apartments by making them sign Undertakings”. The Society Chairman Mr. Dani informed that “Society had taken decision in the Annual General Meeting held of 25/08/2013. Since the Students staying the society cause nuisance therefore the society had included this subject in the list of topics for the special general meeting. In the General Meeting/Assembly the resolution on the subject of renting out apartment to bachelors was discussed and the resolution could not pass by 2/3^rd votes. However in the Special General Meeting held on 25\05\2014 the Society has passed a resolution that ‘the members of the Society should follow/oblige the Society’s rules while renting out apartments to families of working bachelors’. During this meeting 33 members were present. Out of the present members 18 voted for the resolution and 14 against it. 1 member voted for both sides. I will present the documents in this regard. Thereafter the relevant documents (for example: Meeting Minutes) were presented to this office on 09/06/2014.

            Hereby it is being informed that a member of society should follow and submit application to the society under Society bylaw No. 43. This has been decided by the General Assembly of the society. As per bylaw No. 109 such decision requires simple majority. There is no explicit provision in society’s Act or Rule or Sub-Rule regarding level/type of majority to make such decision. Therefore the society should act as per bylaw No. 109 of Special General Meeting held on 25\05\2014.

          Therefore ruling has been made on the application submitted by the applicant.

(Vinayak V. Kokare)

Deputy Registrar

Cooperative Society Pune City (5), Pune.

Twitter Handle , WhatApp, Nebula Blog details - Many way to Collaborate and stay in touch

Dear Members,

1) Following are the details to get latest on Nebula follow Twitter at  @ganganebula

2) On Whats App send your mobile number to add to "Ganganebula" Whats app group at ashwani.malla@gmail.com

3) and Blog using http://ganganebula.blogspot.com 

Management Committee High handedness – Curse on Members!

Dear Sir,

We as NRI and non occupant of the flats we need to have following clarification from the society:

1. Is any committee member allowed to RAID at any ones personal house?

Answer: No absolutely not , this is Problem I think with one disturbed person in MC who has no other work.

2. Is committee member allowed to stop the rental members on the gate and interrogate them ?


Answer : NO , they cannot do so if rental member has permission of Owner .

High handedness has reached peak , they stopped my father at gate who lived in society for 5 Years and was in Auto carrying Paint buckets . He had to carry Paint buckets himself from Society Gate to first floor. SHAME ON  Management Committee, who treats Sr. Citizens like that.

Other incident they stopped car of my tanent and started checking car boot.   They were ladies and had a boy sitting in front . MC member started arguing why do you have boy in car.

They have started Moral Policing like in Afghanistan. This is called invasion of peoples privacy.


3. Is society allowed to take security deposit from apartment holder (5000) my lawyers are working on this to file * case against society.

Answer : They cannot do this this only non occupancy charges (10% of service charges) are to be charged which we already pay . This is called "Extortion"

4. Why working bachelors not allowed to stay in the apartment? How can we pay you maintenance bill ?

By Law # 43 do not allow any discrimination and our Apex court has already given judgement on that. Look at my Post By Law # 43.


As we will be not there for the meeting hope that positive response comes out of meeting.

Answer : I can only pray some "Common Sense" will prevail to this MC.

Neeta / Hitesh you can be where you are please follow http://ganganebula.blogspot.com and we can pool to fight them in court of law. - My name is Ashwani Flat # A-3 / 101 and 102 cell no is 732 900 0125 and i am in US east cost.

Neeta Avlani flat 501 building 13 A
Hitesh Avlani

Deposit from owners Rs 5000/= who sublet's his Flat is an Extortion Money !

Dear Members,

Malpractice of collecting Rs 5000 from tenants has started by Ganga Nebula Management Committee they are extorting Rs 5000/= from tenants and the weak argument and illegal argument for them is if tenant breaks glass window of the society office , we will deduct that from them.

My argument to them was " What if Member of Society does the same , you don't ask deposit from them and more over you already collect non occupancy charges "

Anyhow this is Not allowed by any By Law , What is allowed by law # 43 is "Non Occupancy Charges" which is 10% of Service Charge " Which our society is already getting..

Then this Rs 5000 is like Extortion Money.

I have requested our Chairman to STOP this practice immediately as this is illegal and hampers cooperative movement.


Regards,

Member Ganga Nebula Cooperative Hsg society Ltd.

Link to Housing Manual Published by Cooperative Agency ..

http://sahakarayukta.maharashtra.gov.in/SITE/PDF/Manuals/Housing%20Manual%202012%20English.pdf
Page 38

Bye law 43

Ganga Nebula SPGBM Dated 6th July on Bye Law # 43

Dear Nebula - Members,

As we have a SPGBM over weekend of 6th July, sending you a Copy of Model Bye laws. Thanks to Chairman to act speedy on the matter.

Following Agenda has been put forth by MC

Link to Model By Law

http://sahakarayukta.maharashtra.gov.in/SITE/Information/byelaws.aspx
http://sahakarayukta.maharashtra.gov.in/SITE/Information/housingManual.aspx


Please feel free to post in your discussion points in a Blog so that we have a healthy and fruitful discussion on weekend.

As awareness is key to matter in discussion and one cannot just walk in and start voting what MC tells them to vote on, rather MC has to provide full facts and legal opinion on written form from our lawyer on retainer ship.

What is Model Bylaw 105, 107 , 43 and 109 ? below meeting is supposed to be in accordance to that per SPGM Agenda circulated.

Couple of quick points I want to make DDR has asked members and Chairman to follow by law 43.

1) Bye laws #43 doesn't discriminate between different forms of Sub - letters. So discussion on rules should be same for all types of Sub-Letters / tenant called Nominal members ( Students, Bachelors, married , families, rich , poor , widowers ,religion, cast , age, profession, gender ) and selection of Sub-letters is Member's right .There is a precedents in law to support the view from Honorable Supreme of India which states "Sanwarmal Kejriwal Versus Vishwa Cooperative Housing Society Ltd and ors case 1990 , in which supreme court upheld the member's right to keep a tenant of his choice. Later , in Bombay High Court ruling in 2000, Justice DY Chandrachud rejected the amendment of bylaw framed by the St. Anthony Cooperative Housing Society which wanted to restrict the membership to Christians."

2) Bye Law # 107 is being violated grossly in our society to an extent, while Active Members are present in our Society and Associate Members are not only allowed to vote in GBM or SGBM , But they are co-opted and made office bearers of MC to run there Professional Business( Real Estate Broker business) from Society office on your and mine hard earned maintenance bills. I have made repeated requests to our Chairman to rectify that at earliest as this is Conflict of Interest. I hope Chairman will not allow violators of Bye Law #107 to this meeting.




Thank You,

Ashwani Kumar

Member Ganga Nebula Cooperative Housing Society Ltd.

Sub-letting etc. of Flats

Bye Law 43

43.

(1) A member shall intimate to the society, of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, sublet or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances :

i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;

ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them;

iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer;

iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons.

(2) No member shall be allowed by the Committee to sublet, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless: .

Application for permission to sub-let etc.

(i) he has intimated in the prescribed form;

(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee,
care-taker or possessor in the prescribed form;

(iii) his application contains the undertaking that -

a. he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of subletting giving on leave and license or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society;
b. he shall pay the charges of the society every month during the period of sub-letting, license
etc;
c. he shall pay non-occupancy charges to society.Non-occupancy charges shall be charged in
accordance with the circular issued by the Government of Maharashtra/ Commissioner for Cooperation from time to time and shall not be levied if the flat is occupied by the "Family" of the member as defined under these bye-laws.

d. Provided that while permitting sub-letting, giving on leave and license or care-taker basis the flat
or part thereof or permitting parting with its possession in any other manner, the Committee shall restrict the period thereof to 11 months or for more period as desired by the Managing Committee which may, on the request of the member be extended for similar period or part thereof from time to time.

e. Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

Bye Law107

107. At a general body meeting of the society, every Active member of the society and in his absence, his Associate member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote. One member One vote.