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68094Redevelopment of Buildings - INDENMITY BOND IN FORM M-20

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  • Swadesh2100
    Jan 2, 2011
    • 0 Attachment
      Maharashtra Cooperative Societies Act 1960 is a biggest blunder and all the Designated officers in the Ccooperation departments are nothing less than jokers .
      It's my personal experience fighting for my right and justice since last 4 years through which I have experienced a hell and a bell .
      I am mentioning few blunders from the dept :

      1) Ah administrator manufactures 2 different inspection reports one dated 16.10.2007 which is as per the facts and another backdated 15.10.2007 .In the report dated 16.10.2007 , he mentions that there were no elections and in the report dated 15.10.2007 he mentions that there was an elections and 4 people were elected .
      2) The Society ( errant self claimed office bearers who are nonmember/s, defaulter/s,fraudster/s,usurper/s,impersonator/s, imposter/s ) claims that an election was held on 09.04.2007 but and the new committee assumed the office from 27.08.2007 ).
      Society submits four M-20 bonds .Then again society claims that since the tenure of the old committee was supposed to end on 13.10.2007 , so the new committee could not take the charge ??????
      3) Dy Registrar issues an Order dt 05.11.2007 by appointing an administrator u/s 77.A of M.C.S Act 1960.
      4) the gang if idiots files an appeal challending the Order of the Dy Registrar. The Div Jt Registrar Vikas Rasal issues an interrim Order and maintains status quo.
      5) The Div Joint Registrar Shri Kalyankar issues an Order date 05.09.2008 by vacating the interim stay and appointing the Administrator with serious observations of backdated documents,indemnity bonds and false alleged elections etc etc etc.
      The society uses members money for the said appeal to pay for legal fees and I pay my own money from my pocket .
      6) The society files a w.p.in Mumbai High Court 7694/2008 .
      The high court directs the society to Hon'Ble Minister of Cooperation and so the society files a revision application no 517/2008 with Hon'ble Minister of Cooperation .
      everywhere the mischievous self claimed office bearers uses society fund to defend tmselves and i spend my money .The society uses a dirty trick declaring me a defaulter and trying to take undue advantage of the govt circular
      7) Without going into merits and demerits , the Minister vacates the stay that also without allowing me as a party to the matter .
      fact ; the alleged new office bearers never assumed the office of the society from 27.08.2007 till 23.01.2009 i.e. the date on which Miister passes the Order .
      8) Meanwhile the Dy Registrar appoints a cooperative officer on 05.01.2009 to conduct the annual general meeting and to approve the unaudited accounts of the society .
      Whether a cooperative officer can appoint a cooperative officer when an administartor is in place who is not been given the charge of the society ? The members do not know anything till 23.08.2009 when the cooperative officer sends the intimation notice to members for the agm on 30.08.2009 .
      9) I file a writ petition 4487/2009 in Mumbai High Court challenging the Order of the mINISTER OF COOPERATION .

      10)tHE SOCIETY FILES A REPLY dt 16.10.2009 through a stranger claiming to be a manager of the society who claims that the old office bearer has othing to do with the current petition .
      But the fact remains that the self claimed secretary never removed his name from the bank account of the society but falsely claimed to have resigned and a non-member chairman replaces his name in the bank account on 23.04.2009 and not from 27.08.2007 as claimed . The alleged self claimed new chairman occupies the office with the same old secretary from 23.04.2009 . All documentary proof is with the bank and bank refuses to part with the information .For some unknown reason my lawyer withdraws the writ petition without my consent but with aliberty to file it again .

      11) I again lodge a serious complaint to the then Comm of Cooperation
      who Orders fresh investigation .
      12) Another gimmick of the Deputy Registrar:
      He issues a notice u/s 101 to recover Rs 263630 from us without verifying the application and knowing the situation in the society .
      I make 15 point demand so as to file a proper reply .
      Some of them:
      1) Name of the applicants and the name of the office bearers
      2) proof of them being elected
      3) audited balance sheets as per the bylaws
      4) account staements of all so claimed committe membrs
      5)certified true copies of my account and the bills
      6)certified true copies of aaccounts and bills of committee members
      7) copy of M-20 bonds
      8) Other details

      The society and the Dy Registrar fails to provide a single information .Not even the names of the applicants and the office bearers .
      9) But now the Dy Registrar rejects the application of the society after my statement as filed alongwith proof of documentary evidence .

      10) The same investigating officer inspects the society records ( no accounts or bank statements were given ) and finds tonnes of irregularities .The Dy Registrar issues a SHOWCAUSE NOTICE u/s 78(1) of M.C.S Act 1960 on 14.01.2010.

      11) The Dy registrar is pressurized by a Congress MP through a letter to the ex- CM Ashok Chawan .
      12) The members meet the MP and however succeds in convincing him about the fact .
      13) The Dy Registrar issues Order u/s 78(2) of M.CS Act 1960 dt 02.08.2010
      14) The society challenges the Order through a false appeal ( 168/2010 on 3.08.2010 ) filed by a non member . Another interesting blunder :

      The Div Joint Registrar manintains status quo and allows a non-member ( non resident who sold and vacated his flat on 03.04.2010 and resigned from membership of the society ) to withdraw funds for payment of statutory charges .

      15) Meanwhile the Dy Registrar isues an Order dt 26.08.2010 u/s 80(2) of M.C S act 1960 because of non-cooperation of the alleged one member committee .
      16) The Society( one member committee of 59 members ) withdraws appeal after bowing down to the situation .

      The mischievous self claimed advocate secretary steals all society records . He is caught red handed in front of 150 resident members, 15 policemen, MLA while attemting to steal other records on 30.09.2010. On that very day during the incident , Sr PI warned the residents that he will arrest all members for harassing the Secretary ????????
      F.I.R u/s 297/2010 is filed at Samata nagar Police Station u/s 380,511 of IPC but no arrest has been made . Society records of last ten years has been stolen . Society is reeling under -50 degree temp and no one knows what will happen next ??????
      May be police will kill me or the accused will get me killed or
      there will be lots of dirty games with tampered documents ?

      eACH AND EVERY SECTION OF M.C.S Act has been violated along with around 40 criminal offences ?
      Why I should not burn the copies of M.C.S Act 1960 ?
      If I aged 39 dedicate my self by spending around 3000 hours , I am literralu worried of the Sr Citizens, illiterate citizens, and housewives ?

      What if the non-member has withdrawn funds signing as Chairman of the Society ?
      What if S.73 (1) ab is violated ?

      There is corruption and contamination beyond tolerance ?

      All the eroneous have fled the society but I the victim is still unable to sell my premises in the always defunct society .

      Regards ,

      Kamal Shah
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