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janinilesh

Cooperative Housing Society

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janinilesh

Hello Friends

 

This is regarding my grandmother's apartment in a cooperative society where an administrator has been appointed.

 

Facts of the case

- My grandmother has expired and hence as per the nomination form filed by her with the society the ownership in the apartment lies with her three surviving daughters.

 

- We have filed all the forms which are required along with necessary affidavits with the society along with the original share certificate. The administrator has given his acknowledgement of receipt of papers and original share certificate on a photo copy including his stamp.

 

- However, now under some pretex or the other he has been refusing to handover the original share certificate back to us. he claims that the society records are not in order etc, which i believe must be true, however, he is holding up everything thing because of various small issues.

 

- we gave him the relevant papers way back in Nov 2007 and we are still awaiting the receive the original share certificate back.

 

In such a situation, what recourse do i have. Should i lodge a police complaint or should i complaint to the Registrar of Cooperative Societies?

 

Regards,

 

Nilesh Jani

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jps50

Welcome to this portal having 10300+ members all over India and abroad. U can file RTI application with the administrator [who is PIO under RTI act] by refering to Maharashtra RTI Rules as to format and fees etc. These rules are posted in GUIDE section on this page top-right. For framing queries pl visit my blog at http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html. U can additionally lodge complaint with the sub/dy registrar of coop societies under whose jurisdiction your society falls. If he does not reply to your complaint in 30-35 days shoot RTI appln by refering the above rules and blog. All the best.

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Sunil Ahya

Hi Nilesh,

 

I understand you are in Mumbai, then the office of Registrar of Co-operative Societies is located at 6th floor, Malhotra House, Opp. G.P.O, Mumbai 400 001.

 

The office is divided in a number of wards, and the ward applicable to you will depend upon the area in which your society is located, for example my society is located in Borivali and so the ward applicable to me is R Ward.

 

Write your RTI Application addressed to:

The Public Information Officer,

Deputy Registrar - (Your Ward)

Above mentioned address.

 

You will need to find out which ward is applicable to your society, download an RTI application form applicable for mumbai from here http://www.rtiindia.org/forum/attachments/ask-rti-query/414d1220457281-t-permit-rto-rti.doc, demand all the information you require under the title in the RTI form Description of the Information required, paste a Rs.10/- court fee stamp, and mail it by Speed post with acknowlegment/ alternately you can also mail it by Vichare Courier.

 

Keep the acknowledgment with you, as you will require it as proof of application in case you need to go in for first appeal later on.

 

Please browse through the various links on the home page of this forum and increase your knowledge before filing the RTI application.

 

Simple things like how to frame your question are also very important, for example your query should be in the form of seeking information rather than seeking opinion or explaination.

 

In your case you can ask as to:

1) Please inform me the status of application dated...

2) Day to day progress report of my application....

3) ....

 

Also pls be active on the forum, and increase you knowledge on RTI, you can then successfully use it to change the way we are governed.

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Sunil Ahya

Indemnity Bond has to be EXECUTED by the Managing Committee members of the society within 15 days from their assuming the office.

 

Execution is more important, submission to the Deputy Registrar is necessary but execution is more important.

 

It has to be executed as per section 73(1AB) Rule 58 form M-20 of Maharashtra Co-operative Societies Act, 1960 on a Rs.200/- stamp paper or get Rs.200 franked on a plain paper.

 

Execution of indemnity bond is compulsoury within 15 days of assuming the office or the Managing Committee member who has not complied with the above formality ceases to exist as a managing committee member.

 

Beware Deputy Registrar's are very strict in implementing this law mathematically, so if 15 days have passed there is nothing much that can be done.

 

The reason for being so strict is, to check corruption and corrupt practices adopted by the managing committee members of housing societies.

 

Please find the High Court judgment attached herewith.

Indemnity_Bond_High_Court_Judgment.pdf

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janinilesh

Dear Sir,

 

Thank you very much for your response. Yes my grandmother's flat is in Borivali West and hence the ward which you have mentioned may be applicable to me. I will make sure that I get the ward right before applying.

 

Many thanks for your response again.

 

Nilesh

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jps50

Pl try to submit appln to correct PIO, but if U cannot find one, U can apply to any PIO of connected office and he will forward to the correct PIO within 5 days of receipt by him under intimation to U, by studying the info required. Pl do not personally visit, send by regd ad post only.

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shan

can anybody here provide me with the address of Registrar of co-operative society at Lucknow. Any , one sharing his experience in the state of uttar Pradesh wrt to the co-operative society.

 

shan

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vijaymehta
Indemnity Bond has to be EXECUTED by the Maaging Committee members of the society within 15 days from their assuming the office.

 

I read this post and had a query - What is an Indemnity Bond ?

 

If you can provide some information on this it shall be great.

 

Thanks Vijay.

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ambrish.p

Mr. Vijay

 

Welcome to RTI India - Complete Online Community Portal for Right to Information

 

An INDEMNITY bond promises to reimburse loss incurred if you fail to perform or if you fail to pay other vendors in the performance of the contact.

 

Source:

1.What is a bond for when you start a new business? - Yahoo! Answers

 

2. INDEMNITY BOND | Mhada

 

Possibly this info will be of good help to you

 

regards

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janinilesh

guys,

 

The issue regarding the transfer of name in favor of my mother has been resolved. The administrator who was showing resistance and was delaying the matter, finally fell in line. I had to show him some draft letters which I was proposing to send to the RTI office. Fortunately our matter was pretty straight forward and I had to show him the letter saying if he delays issuing the share certificates i will be left with no option but to send this letter. He got the message and released it after some more paper work. Thanks guys for guiding me on this.

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shan

Good. Congrats. Goes on to prove that the path is right but less travelled.

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Sunil Ahya

Good Congrats.Keep in touch with the forum, guide others and spread the message of RTI Act.

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GM VISHNU

Hi Nilesh

Congratulations for having had the issue solved.

RTI Act 2005 is such a powerful Weapon,which,sometimes yields faster result even before being used.Create an awareness on RTI. Be an active RTI Activist.

 

Regards

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ganpat1956

Thread shifted to success stories and closed.

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