Ameer Abdul Kader
Apt.11, Global Apt.
51/53, Dockyard Road, Mazaagoan,
Mumbi – 400 010
Maharashtra.
27th April 2010
Assistant Registrar
Office of The Assistant Registrar Coop Housing Societies
1st Floor, Above Bank Of Maharashtra
Wadgoan- 412106
Taluka Mavel,
District Pune,
Maharashtra .
Dear Madam Alka Pawar ,
Sub: Closing Arguments on RTI appeal and hearing in progress on Gold Vally
Co-op.
Hsg. Society Limited Registeration Number PNA/A/MWL/HSG (708) dated
10th
October 1994 and presumed to be dissolved around 25th June 2005
Vide Resolution dated 25th June 2005 Finacial Year 2005/2006.
=============================================================
With reference to the subject I herewith wish to submit my closing arguments in
writing relating to reasons for the closure of Gold Valley ABC Cooperative Housing Society
Limited bearing
Registration No. PNA/MWL/HSG/(10)/1072/2005/2006
List of Reason for Desolation of the Society as per my Understanding of the law.
A.
My Original Application UNDER RTI submitted to your office By Registered AD on
18th December 2009 Recieved By Your office on 21st of Dec 2009
Copy annexed along with Translation in Marathi under Annexure ( 1 )
B.
Your reply to me with Copy to Society sent by Mail requesting Audit Report accounts
etc for the year 2005 to 2009 copy attached Under Annexure ( 2 )
C.
On Receipt of letter dated 14//01/2010 attached as annexure (2) I called upon you and
collected various documents duly photocopied with your permission wherein I found
irregularities in the formation of Gold Valley ABC Coop housing societies based on which I
issued an amendment
D.
Reply To my RTI application on 3rd of Feb 2010 attached herewith as Annexure (3)
E.
Your Letters dated 08/02/2010 and a Further letter dated 25/02/2010 giving warning and
consequences for non appearance by the society and also new hearing date of 11/03/2010
On which Joint Secretary and the Manager appeared and both are not recognized posts
under
Cooperative Societies act your letters Attached under Annexure (3) further I submitted
letters
From a few members stating that the signature in the resolution dated 25/06/2005 appear
to be
Forged Copies of the letters to effect are annexed as annexure (4)
F.
On the 11th of March 2010 You gave a new hearing date of 25th March 2010 as statutory
officers of the society did not come and on this date the 1st Roznama was recorded
G.
On the 25th of March 2010 The Hearing started on time as the society members did not
come but at 12.45 they appeared along with Treasurer Secretary President, Joint Secretary and
Manager along with a lawyer and Mrs. Joshi Ex Secretary jointly representing the Developer.
During the meeting they said they have accounts from 2005 to date packed in a plastic bag this
accounts were supposed to be submitted to the Registrar’s office as per the letter attached as
annexure (2) which they did not and nor did you as Registrar take charge of them during the
hearing. Further as I recall without prejudice to this matter the Lawyer /Lawyers of the
Developer stated in Marathi Language to you that there was only one aggrieved person in this
matter and wanted from you to know what this aggrieved person wanted. I felt that the
lawyer/lawyers of the Developer Goka Engineering Pvt. Limited have belittled The Quasi
Judicial Authority of The Assistant Registrar. I am of opinion that the lawyer has to be
reprimanded or penalized for such a remark if the law provides it . or Contempt of Judicial
authority may be initiated su moto
H.
I am attaching Miniature copies of plans that have been submitted in working size to your
office on the 25th of March and 15th April 2010 as annexure (6) 4 Pages of 4 Drawings I also
Have submitted 45 Copies of &/12 Extracts in the name of Olympic leasing Pvt. Limited the
owner of
Survey No. 35 on 01/04/2010 with covering Letter highlighting various points of the
Hearing to be
considered by you Marked as annexure 6 Containg 4 Drawings and letter deliverinf 7/12
Extracts
I.
I am Attaching copies of the Registration Certificates of Gold Valley Co-op Housing
Society
Limited And Gold Valley ABC Co-op Housing Society Limited Annexure (7)
J.
I am attaching Annexure (8) 3 Pages list of Members of which Serial No. 132 to 149
totaling 18
Structures on survey no. 34 which I fear are Illegal and without Occupancy rights and the water
allocated to Sector AB survey no. 35 having Occupancy rights is given to survey no. 34 which is
inappropriate as well as illegal . I also fear that that the electricity connection to is illegally
connected to Survey No. 34 called Sector C. of the 3 pages of list of members many signatures
are forged and I have submitted letters from the members to your office to enable you to take su
moto action for forgery
K.
I am Attaching a copy of the list of signatories proposing Gold Valley ABC Co-op
Housing Society Limited of which Prima Fascia the 3 rd Person on the list Saifuddin
Colombowala and in the list of members Sr No. B82 Bungalow no. B/50/D the signature as
proposer signature in the Minuit’s of the meeting in 2005 and signature in the passport (Copy)
Submitted to your office on 25th Feb 2010 One person with three signatures and Shri S.M.
Nagori Serial N0 4 of the proposers and Bungalow owner no. B.37 Member list Serial Number
71 whose signature is forged too Annexure 9 Attached
Madam Assistant Registrar I have given above numerous reasons along with documented
evidence to enable you to decide the matter further I would like to have a letter from you stating
that A FIR should be filed my me for forgery as observed by your good office from the
evidence presented unless your office intends to do so as the forgery was committed to mislead
the office of the Joint Registrar and not us individual to compound the matter the forged
attendance list has been attested by an officer of the law advocate Mrs. Nilambari Joshi
L.
Further I need clarification from your august office under what type of society can Gold
Valley Co-op Housing Society Limited And Gold Valley ABC Co-op Housing Society Limited
normally Housing Societies are classified under three broad calcifications 1. Tenant ownership
Society 2.Tenant
Co partnership housing Societies 3. Other Housing Societies such as House Mortgage societiy ,
House Construction Society ,Flat Owners Society and Apartments’ formed under apartment act.
Gold Valley Co-op Housing Society Limited And Gold Valley ABC Co-op Housing Society
Limited as per my knowledge and understanding does not come under any of the three broad
classification as we have Bungalows, Row Houses ,Flats , private Health club, and plots.
M.
From 1994 till date we have not received any bill from the society showing break up of
charges
Only a receipt of payment In good faith on 17th of January 2007 I sent them a cheque for Rs
6000/Along with a letter of same date Copy of letter along with the society reply which is misleading
and explanatory of wrongdoing is attached as Annexure (10) 3 Pages
N.
Between 1994 and 2005 an advertisement broucher was issued by Goka Engg. Co. about
A scheme of 93 Bungalow plots and a meeting was held in my bungalow the broacher shows
The office bearers of the society and total membership as 53 only the Broacher also advertises a
cafeteria and
Guest House I would like to see the rental received for the cafeteria by the society all required
licenses and permits to ensure the safety of the and non occupancy charges for the Guest house
which belonged to the president Mr V Kane . I am attaching a copy of the reply from LMC
stating that Fire safety Clearance was not issued to the said Canteen which also illegally
constructed The Society electricity was used in the Canteen if the canteen did have its own
meter it was illegally obtained as the LMC letter clearly states no permission was granted for
construction and they have permitted violation of storing LPG Gas cylinders as fuel in the
canteen and Have caused Nuisance and annoyance (Bylaw 50A)over which arguments and
scuffle with the canteen contractor has taken place from time to time as the president and
secretary had vested intrest in the canteen no action on my complaint was taken I am attaching
letters from LMC as annexure (11) Consisting of 2 pages also Attaching The Broacher
Containing 10 Pages as annexure (12)
O.
The Society has given permission to plot 53 owner also known as Plinth D16/E to build a
Health club and swimming pool without the Permission of LMC LMC Letter dated 12th Feb
2010 is Attached as Annexure (13) 2 Pages . Along With Location Plan of Plot
P.
The Society was formed in 1994 and the Plans were sanctioned in 1987 and the DP Road,
was sanctioned along with the plane to this date the Society has not handed over the DP Road
and the open space by deed of Conveyance as per Lonavala Municipal Council Rules and in
view of the same The Lonavala Municipal Council does not provide street lights and as on date
the LMC will Insists that the DP road as per 7/12 Extract and as per sanction plane of 1987 on
which the 7/12 extract was based should be developed and handed over. Will the present
unelected society do this and where is the source of funds coming from and the members are
suffering without street lights which should be provided by LMC and as the hand over is not
done the society funds are being used for DP road lighting and also we see no possibility of DP
road being repaired due to ownership not existing with LMC In view of the responsibility taken
by the nominated Chairmen ,Secretary, Treasurer and other committee members along with the
President ,Secretary and other committee members between 2002 and 2009 should Sign Form
M-20 under Rule 58-A based on that we will be able to rectify this deficiency. Through your
good office .
Q.
Ist General Body Meeting ,General Body Meetings and Special General Body
Meetings . As per by
laws and rules understood By me the society was formed in 1994 no. 1st General Body
Meeting was called as I recall and only one general body meeting was called in Bungalow No.
25 which did not meet the required legal rules for a GBM. Thereafter no General Body meeting
was ever called. The society was dissolved/ partioned in June 2005 and reconstituted as Gold
Valley ABC Coop Housing society limited The promoters as per Annexure (9) should have
called a meeting within 30 days from the date Registration under Rule 59 on the failure of the
Chief promoter to call the 1st General Body Meeting It is the Responsibility of the Registering
Authority under By law 86 to call the 1st General Body Meeting . Even this was not called nor
nay notice for such meetings were issued by the promoter nor the registering authority The
annexure (10) Proves this in view of this I am not elaborating on the function of the 1st General
Body Meeting . The AGM Must be held before 14th of August or within the extended period as
per Section 75(i) of the act This was totally violated for years
L.
Special General Body meeting this meeting can be called by the Chairmen or by the
decision of
Majority of the Committee and shall be called within one month of the date of receipt or
requisition in
Writing signed by at least 1/5th of the members of the Society or from the registering
authority The Meeting So Convened shall not transact any business other than that mentioned in
the notice.
On 18th Jan 2010 Notice was sent for a special General Body meeting to held on 30th of
January 2010
Providing only 12 days time which Is less than the AGM and further it’s not called by the
President
Nor by any norms mention above under L and nor for any specific purpose The Agenda
Violates the entire purpose of Special general Meeting as the Agenda Intends to read and adopt
the minutes of the Special general body meeting in PROGRESS the agenda wants to discuss the
non specific affairs of the society and is Inviting suggestions also wants to consider other
matters with the permission of the chair which is not permitted under the rules. Copy of Notice
is attached under Annexure (14) 2 Pages one captaining the Notice and page 2 Contains powers
of the Registrar under Section 87, Section 91,
Section 104, Section 102 and Section 21. Further Enforce Performance of an obligation
Under Section 79 (Vii) assess damages against Delinquent Promoters Etc.: Under (Viii) Seize
Records Under Section 86 and Recover sums by attachment and also of property under Section
156. The
Registrar is an appellate authority in respect of various matters specified in Section 152.
I urge you for this final time to go through this long document along with 14 Annexure in
Detail
Supporting all my claims and arguments and do justice without any favor or prejudice. I further
iterate
That all this effort taken is not for any personal gain but in the interest of the society in
Lonvala where we come to spend peaceful weekends and holidays with our families . and our
rights as written in our conveyances for which we have paid should not be violated and
misused.
After receipt of this letter Please be good enough to advice me if I should present myself
along with like minded members on the 3rd of May 2010 as per you letter received by me on the
15th of March 2010
Thanking You
With Best Regards