Non-Functional Managing Committee of a Cooperative Hsg Society
How to revive a non-functional managing committee of a Cooperative Housing Society in Kolkata?
Nothing is in order - no accounts are maintained, bank account has been frozen, there is no record of the monthly maintenance paid by the existing members and non-members, collection of the monthly maintenance amount is done by the durwaans (they act as the Chairman & Secretary respectively).
There is no maintenance done and the building in in poor condition.
In short, there has been a total breakdown and collapse since 2012 and only a Managing Committee exists on paper and even the notice board had been removed. Recently the Chairperson of the last formed Managing Committee resigned on account of fear.
We are having authorized possession from the seller and residing in the premises as non-members. The background is as follows:
Purchased the property in February 2007.
All relevant legal papers were exchanged between the buyer and the seller in 2007.
The seller passed away in May 2008 leaving beside legal heirs (wife, 2 daughters and 1 son).
Society never took the initiative to make us a member in spite of repeated letters sent by the deceased seller, his legal heirs and the buyer, citing legal succession not being in order.
Visits made by the buyer and the legal heir to the DRCS office in Kolkata to inform them about the affairs of the Society - but no action taken by the DRCS.
The buyer again made a visit to the DRCS office in February 2016 to report the affairs of the Society and the total disorder maintained. This time they responded by sending an official letter addressing the 'Secretary' in the month of June 2016 but no one responded.
We recently completed the property Conveyance without the Society acting as the Confirming Party (this fact of non-cooperation has been stated in the Conveyance Deed) and the property has been commissioned by the West Bengal Registrations Department. The Society is not aware of this development.
What could be done now so that the Society make us legal members, now that we are legal owners of the property. Mutation of the property is pending and since it is a Cooperative Society apartment, the Municipal authorities may demand the endorsed share certificate in the name of the new owners along with the registered Conveyance Deed.
Also, how could the Managing Committee be revived and things are back in order. They keep saying that everything is running fine and they are willing to act as a Confirming Party.
A. Ghose Roy