De-registration of a Housing society due to mis-declaration
By preferring an application under the RTI Act, 2005 I have gathered the following evidence:
1. List of 11 members contributing to the share capital of Rs. 2,750/- of the society.
2. Affidavit of the society averring that the strength of the society is 10 members.
3. The issuance of the share certificates is prior to the registration of the society i.e. 5 shares of Rs.50/- each per member.
4. The issuance of the share certificate is not in consonance with the list of members submitted at the time of registration of the society.
5. The Registration No. of the society is not incorporated on the share certificate.
6. The plan depicting the society as submitted to the society does not show a garage, not attached to the main structure. This garage has been issued a share certificate.
Can this amount to a mis-declaration with intent and actionable u/s 21A (1) of the MCS Act, 1960.
What is the action suggested on this?
Asked in Civil Law from Greater Mumbai, Maharashtra
You must verify who had the vested interest to forge and fabricate things with false details to form the society and got it registered.
Being a member of the society you may raise concern over the alleged false information and seek for solution to rectify the grave errors immediately through a resolution passed by majority member attending the meeting of the society.
You may bring this errors to the notice of the cooperative registrar where the society is registered and seek his intervention for proper legal action.
Let the body decide further course of action, if no effective action initiated then move on individually.
1)under section 21A(1) If the Registrar is satisfied that any society is registered on mis-representation made by applicants, then after issue of notice and grant of personal hearing to the chief promoter, society deregsiter the society
2) the Registrar can appoint official assignee of the society for realization of assets and liquidation of the assets of the society
3) in the present case affidavit of the society states that the strength of society is only 10 members as against 11 members in realty . further garage has been issued a separte share certificate whereas it is well settled law that no share certificate can be issued for garage
4)de registration is a drastic step and would not be in interest of other members of the society
5) it would be better if any member takes legal proceedings against society for issue of share certificate to garage and for other violations