Deputy Registrar has duty of decide the matter it is very much in his jurisdiction. He is bound to institute an inquiry and fix liability. Against the order of Deputy Registrar you to file a writ in High Court.
Hypothetical Apex Committee
Hi, I live in a cooperative housing society of 132 members in all. The society got registered in 2009. There are 5 distinct registered societies in my complex where my society has maximum members. Other 4 societies have approx 64 flats each. Somewhere around 2013 the society decided to form a Apex committee to have common amenities within the societies taken care of. They started collecting Rs. 200/- every month which appeared as 'Apex Contribution Fund' in our monthly maintenance bill of the society. In 2016 (after 3 years or so) we questioned the working of Apex Contribution fund as this so-called body was not registered until then!!!! The money we were paying was towards a non-registered body it seems. We filed a case with the deputy registrar to which we got a response from him that a body which is not registered will not fall in his purview?! The Deputy registrar is not cooperating and just trying to dismiss the case without taking any action on the ex-management committee members. There is no MOU, no documentation of whatsoever any manner of this hypothetical body called 'Apex Committee'. Can you please advise on next steps and whom we can approach to seek justice in this matter? Thanks! Aasheesh
Asked 4 years ago in Civil Law
6 Answers
Since funds have been collected by Mis representation file police complaint against office bearers of society for cheating under section 420 of IPC
If the Apex committee is not a registered body then you complaint agaisnt it before the registrar of cooperative societies would be maiontainable, the registrar is right in dismissing your complaint agaisnt ht e irregularities that you observed agaisnt the so called apex committee.
If you have found that the apex committee members have defrauded by misappropriation or indulged in any other fraudulent activities cheating the money of the members/public, then the members can lodge a criminal complaint against the members of the apex committee for the alleged offences and request to take appropriate legal action agaisnt them through criminal laws.
You may consult a lawyer, discuss the subject matter and initiate proper action as per law.
Dear sir,
You can fill a complaint before the Registrar of cooperative society. You can also lodge a criminal complaint before the police against the alleged offences.
Thank you
- As per rule , an unregistered society cannot collect any charges from members.
- You can file a complaint before the police and higher official .
in my view there is nothing wrong in the society collecting the Apex contribution fund
it is not necessary that the Apex society has to be in place for collecting this fund
the fund can be collected from the members of the 4 societies even before formation of the Apex society
till such time the Apex society is registered, the fund so collected will have to be held in trust for such apex society and the individual societies which are collecting this fund would be accountable to the members if the fund is not used for the purpose for which it has been collected
thus if the Apex society is not being formed and substantial time has elapsed then the members can question the charging of this fund by the societies
as and when the Apex society is formed, the funds so collected would be used for registration of this Apex society and for other necessary legal formalities and any excess remaining has to be made over to the Apex society by the individual societies which have collected this fund
the Apex contribution fund is collected in the same way as a builder collects society formation charges from the flat purchasers even when the society is not even registered
so there is nothing illegal or wrong in such collected provided if the societies fail to register the Apex society and use the funds so collected for the purpose of that Apex society then the societies would be liable and accountable to the society members and will have to give a credit to them for this fund against their maintenance charges
