Dear kaanoon lawyers, Greetings! This is regarding the ‘hand over of chs office’ to new committee. I am a former chairman of our co-op hsg society with 12 members. after seeing the redevelopment opportunity, few people wanted to come in managing committee. so they started doing Non co-operation towards me in society’s every aspect. They didn’t sign on soc petty-cash cheque, secretary and treasurer of my tenure didn’t sign on audit, they freezed the society bank account. after coming on managing committee (illegally way), they don’t give soc charges ‘bill’ and ‘payment receipt’, they don’t accept letter from me but they read and give it back, they don’t respond to any of my written queries sent trough register ad. The managing committee came to post through election when they were’ defaulters for more than 1 year'. i brought this to notice to asst-registrar many times but no response. In this scenario of non-co-operation to me in society’s all aspects, i am scared that if i submit soc office to new commiiitee, they will not give me ‘received sign’ as they always do. So i sent them letter mentioning that i am ready to submit record, provided they give me in written that they will give me received-sign after submiting the record. I informed same to asst-registrar also. Inspite of "no society office transfer", the new managing committee is conducting all redevelopment meetings, banking and ‘mou’ with one specific builder. Now from 6 months after my letter, the managing commiittee has issued me a notice mentioning to submit record else asst-registrar has odered to take action u/s 1960, 80. The order may be true, but i never received it from asst-registrar. So, please suggest me what should i do in this scenario, because i still insisst on "security of getting 'received-sign' from new commiittee” after submitting the society office. Thanks and regards
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1)) reply to notice that you are willing to provide records provided they acknowledge receipt of all records by them
2) fix date and time for submission of records
3) if they refuse to acknowledge receipt dont hand over the records
4) do video recording of the entire meeting
Thanks for your reply! if I submit the office, the committee will take office documents and then will refuse to give sign (acknowledgement) as they have done always. So i had informed them in written few months back that I am Ready To Submit office provided they give me 'prior' in written that they will give acknowledgement after submitting office documents. They have not yet given me simple written security in last 5 months, then how would they give me acknowledgement? I would still insist on the security, so kindly suggest should i send them reply letter MYSELF or through a LAWYER? Is my step valid legally and keep me safe from any legal action they threatened me u/s 1960,80? Kindly give your valuable suggestions. Thanks and Regards
No need to send reply through Lawyer
2) in your reply draw attention to your earlier letter wherein you offered to return documents provided they gave acknowledgment
3) mention that no reply had been received till date
when u have handed over, it reveals ur disinterest, as such, u can send any thing by a covering letter mentioning all particulars to existing body through regd. post with ack. due
1. you cannot demand from the new MC that it has to first give you a written acknowledgment that when you give them all the society records in your custody, they will sign a letter acknowledging receipt of those records
2. that is like holding someone to ransom and will make you liable for action which may be taken by the registrar against you
3. you simply have to address a letter to the new MC by RPAD stating that they can collect all the society records from you and take over the management from you. If your letter is received and acknowledged by the new MC as reflected on the AD card, then you need not do anything further
4. when the new MC complains against you to the registrar that you did not do the handover, you can simply show the acknowledged letter to the registrar and inform him that the new MC was informed about a specific date when it could accept the handover of management but none from the new MC came to accept the handover on the specified date
5. by putting a pre-condition of providing you with a prior written letter from the new MC that it will give you due acknowledgement of the records to be received from you, you are making yourself liable for legal action under MCS Act
If they sent you a notice you may give s reply denying their allegations and you may also place your demand to them so that let them give a suitable reply or else you may approach assistant registrar with the details seeking their intervention.
You keep a letter of acknowledgement ready in your h and and fix a time in your reply notice.
Let them not acknowledge, you may note down the date and time in that letter and make an endorsement stating that they refused to acknowledge.
This will protect you from any action by them in future.