Chsguru Answers

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      Answers to your queries on Co-operative Law as posted in Free Query’s* section on

We formed a society recently. Builder saying that due to not payment of service tax share certificate will not be issued till due are cleared. Builder asking service tax on compete building. Our building was 81 % complete before 01/07/2010.
Nitin Patil, Shri Sai Enclave, Vagad Nagar, Mira Road.
The issuance of Share Certificate has got nothing to do with the payment of Service tax, upon formation of the CHS the Share Certificates has to be issued by the society within a maximum period of 6 months from the date of allotment of the shares. Further the builder has no role in issuance of Share Certificates; it is the responsibility of the Managing Committee of the Society.
Flat after redevelopment handed over with OC in month of May 2014. Builder has still not formed the society. Till formation of society, he is not allowing flat owners to lease or sale flat till society is formed.  Please help.
                             Harshad Khona., 153, Udyam, S. V. Road, Vile Parle West, Mumbai - 400 056.
This is completely wrong & highhanded, the builder cannot do so. Why are you being a silent spectator, why not avail of Legal Help? Consult a Lawyer having good experience in this field & proceed legally, you can also seek help from our Attorney.
Dear Sir, our society has serious ligation against me that I make dirt in society and they have complaint by member. Actually some days ago secretary who stay my below flat, came to my flat & started fighting with me because inadvertently maybe my daughter pour some water from gallery which does not enter to his house on roof. So society imposed Rs. 500 fine and is continuously harassing me by saying you only spread dirt in society. Sir please help me
                            Sushant. Bhise., Vedant, Vartak Nagar, Thane West – 400 606.
In our opinion the society does not have any power to levy this kind of arbitrary fines, you should oppose the same, for other kind of harassments & abuse you should approach the local Police station, these kind of harassments & false allegations will also amount to defamation.
Sir, We are 14 new flat purchasers in a redeveloped society in Goregaon West, out of the three old office bearers of the society, two have sold their respective flats and as on date we have just one office bearer. We have applied to the society for admission as members and issue of Share Certificate. Please advice the procedure and if the single office bearer can sign our share certificate?
                      Narendra Palrecha., Vitrag, Jawahar Nagar, Road no.5, Goregaon West, Mumbai – 400 062.
Once the Admission of members is approved in the Managing Committee meeting, the duly endorsed Share Certificate has to be issued to the incoming member within a period of maximum 15 days thereof. The Managing Committee by passing a resolution can authorise persons to sign the Share Certificate. Further we are unable to understand, as to why the society is not filling up the vacant posts of the Office bearers.
The previous Treasurer, Secretary & Chairman caused a loss of interest of Rs. 86,000 to our society by failing to renew the Fixed deposits held in various banks under the name of Society. We even have a letter from bank proving this. They had even hidden this fact from the other MC members. Now they have been removed from their posts but they are in MC. Who is primary responsible for such a lapse & how do we recover the money from such persons?
                              Ravi Joshi, Lok Housing, JSD Road, Mulund West, Mumbai - 400 080.
The Act, Rules and bye-laws stipulate that if some acts of the member have caused financial loss to the society, Inquiry can be initiated u/s 83 of the Maharashtra Co-operative Societies Act 1960 and upon report of such Inquiry Officer, the Registrar can pass order to recover the same from the said members who are held responsible in the Inquiry.
Can the society send me a letter as to visitors visiting my flat? They falsely claim that visitors are visiting my flat at odd hours?
                      Anna Seixas, Mayflower, LBS Marg Opp. Phoenix Mall, Kurla West, Mumbai - 400 070.
This is a bizarre incidence! What do they mean by odd hours? Do your visitors cause any nuisance in the society or disturb the residents? Anyways in our opinion the society does not have any authority to interfere or dictate terms on visitor’s entry to your flat.

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