• Legality of the society under TN Societies Act 1975

The society was formed last year January 2018 under TN societies Act 1975 law 27/1975. However no AGM or meeting conducted to agree on byelaws. There has been no AGM so far. The committee members are self appointed and refuse to publish the annual accounts or byelaws even after repeated requests. Most members are happy not to have the accounts and see me as trouble maker. I contributed 18000 INR to the society when the average contribution is 5000INR. I am refusing to pay this year contribution of 12000 until i see last financial statement and know what is the plan for this year. I have been asked to shut up or leave the society. I live in UK and my property is in Chennai. They are giving conditional offer of seeing the accounts in the Secretary’s house. Condition being I cannot take a financial person with me or copy the accounts statement. I am told it is in the byelaw that accounts will not be published. I want to quit the society as it is not in my interest to continue. Are committee members a servant for the members if the role is voluntary?
Asked 6 years ago in Civil Law

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

12 Answers

1) society is required to have accounts audited forwarded to all flat owners call for AGM have accounts approved 

 

2) elections have to be called for to MC every 5 years 

 

3) you are entitled to inspection of books if account and copy of the same 

 

4)  since your society is not following procedure complain to registrar seek appointment of administrator 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

See you can file complaint before the registrar of the society and can also file a consumer complaint against the society, society is responsible for giving account statements and publishing same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The Committee is supposed to keep the transactions transparent . If they hide then it is suspicious . They are not servants but duly acting in accordance with the powers vested in the bylaws.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

You can complaint to dy registrar about the same and they are bound to give you certified copies of accounts.  You can leave the society until you sell the flat and cease to be a member.  The said managing committee members are trustee of society

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Dear Client 

As per rule the society association members are elected by all the members of the society and society is registered with sub registrar of society and if you think there is some SCam going on in society then you can make complaint to registrar of society to take action. Against the member of association and also audit the accounts of society. 

The register can appoint administrator till the time no fair elections are held in the society And It's you right to see the accounts as a member of society and it should also be produced in AGM of society.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hello,

no you are not the servant and neither the society can act arbitrarily. It is a registered society and you may lodge a complaint before the registrar for the same.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Move an application to the Registrar of Societies to inquire into the matter as they committing offences again and again no body is servant or no body is owner ,all are for social cause to maintain the Society so move at once and see the result if you wants to quit then quit in writing immediately , they can't do anything but they may stop providing amenities like water, electricity if they provide it , if this has been taken outside then take separate connections.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. There is no point in quiting the siciety since there vis a requirement of society for maintenance and other common afffairs of the group of flat owners of the complex.

 

2. If there is a society then there must be a President, Secretary, Treasurer and executive committee of the said society alongwith a bye law and the society is to comply with all te rules prescribed in the said bye law. which, inter alia, includes auditing of accounts eavry year.

 

3. If the Bye Law has not been followed, you can lodge a complaint to the Registrar of Society in this regard and in that case, the registration of the Society might be cancelled or the Registrar might engage an administrator for managing the affairs of the said Society.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1.Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.

2. file complaint before registrar . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Every members has absolute access to account books and shall have right to inspect free of cost books, registers documents etc.

Complain to registrar. Registrar may by order declare any officer or member of the committee whose duty it was to call such a meeting disqualified for being elected.

YOU can refuse to abide bye laws of society till situation dose not come to track.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

It is illegal to stop a member to have an access to the accounts and transactions of the society.

The accounts books are to be kept in the office and all the members are allowed to have a look at it in the office whenever a member wanted to verify the same.

If there was no meeting nor ther was any proper election to the committee then this may be reported to the registrar of cooperative society stating that this association is running illegally and ther are lot misappropriation or embezzlement going on and the public money is being misused by the people having vested interests.

 A copy of this complaint may be sent to the society also so that let them be aware of the law on this and let them try to save or defend their interests  by cooking up stories which can be easily found out because they may be tending to do more mistakes and can be easily trapped.

But you residing in abroad may not be able to follow it up properly hence you may ask your co-member who is also aggrieved by such atrocities of the committee to follow this due process of law.

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

  1. As per the information mentioned in the present query, makes it clear that the bylaws have been violated by the members on the face of it.
  2. You should write a letter to the society office about the abolishing of the society basis on the all grounds stated by you in the above query.
  3. They cannot take a person for granted where there has been law for all to comply with.
  4. If possible then hire one lawyer to look for everything on your behalf before the society office or if needed then before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer