Problems & Solutions
Objects to Potted Plants
Q:
A:
in Box Grills
A few members have potted plants in their box grills. These are all placed in trays so that there is no water dripping. The buildings have just been painted and Managing Committee (MC) has mandated that all members remove their plants immediately. Even after explaining that the trays prevent any water from staining the walls, the MC is not agreeing. They have started to fine those members who are not complying with an amount of Rs 500 per balcony, per month. Can they do this?
Also, whom do we approach to legally take care of this issue? Is there any authority that can come and check if these plants are really causing damage and if not, then can we be allowed to keep them?
Any fine that is to be levied by MC has to be passed in the General Body meeting by 67% majority. How 67% majority is determined? Let us assume that your society has 100 members. MC should call a Special General Body Meeting (SGM) to levy such a fine.
In that case, MC should circulate a notice of 15 days time, to all the members, calling their suggestions and objections, for the Agenda of SGM, that is, "To levy fine, for keeping plant (flower) pots in box grill".
After MC gets any objections and suggestions, it should scrutinise all such points, and put it to the Members, that "MC wants to call an SGM, for keeping plant pots in the box grills, and MC want to put fine to Members, for certain violations".
After that, an SGM is to be called by giving 14 days notice, with the points received from the members, to levy a fine for misuse of plant pots in the box grill. In the SGM, this resolution should be passed by 67% of the Members. That means, if only 67 members are present out of 100 members, then all of them should unani
Delay in
Q: mously pass that resolution in the SGM. Afterwards, this passed resolution should be sent to Deputy Registrar (DR), to sanction a fine to be levied for keeping plant (flower) pots in the box grill. Only after this resolution is passed by DR, can MC levy the fine.
At this present stage, do not pay the fine. Under Bye-law No. 174(A)(xxii) make a complaint against MC, to DR. You have to be very persuasive in your complaint to DR. If you do not get a reply within 15 days, then write an RTI application to the Public Information Officer (PIO) of DR, to give you information on action taken by DR, on your complaint against MC of your society.
Transfer of Flat
My father-in-law has made a registered gift deed in favour of his only two daughters. The existing MC has resigned and a new MC is not yet formed. The transfer of name on a share certificate is whose responsibility in this current state, as old MC is not willing to help in recording the transfer on the share certificate. Due to lower stamp duty, we have a buyer and we cannot complete the deal without recording the transfer. Also, new buyer requires NOC from the society as per requirement from the loan institution. This has become a deadlock situation and we are losing on time. What can be done?
A:
When Gift Deed name transfer is stuck up, make a complaint against the Managing Committee of your Society to Deputy Registrar (DR) of Co-operative Society of your area. He will order his Authorised Officer to do the needful work of your wife's flat transfer by Gift Deed. You have to be very persuasive with your complaint to DR. If you do not get a reply from DR, within 15 days of your complaint, write an RTI application to the Public Information Officer (PIO) of DR, and ask to give you information on action taken by DR on your complaint.
If you receive a reply from PIO, that DR has not taken any action on your complaint, then against no action taken by DR, make a complaint against DR to District DR or DDR. You can simultaneously make a Lokshshi Din Complaint (LDC) against DR, to District Collector (DC). DC holds LDC hearing in his office on the first Monday of the month, where you will be heard. After hearing, DC will pass an order against DR, asking him to take action on your complaint within a month. Unfortunately, all these works will take another 3 months. Therefore, your buyers will not get an opportunity to save on stamp duty, as concessional stamp duty will end on 31.3.2021.