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Free Legal Advice from Top Lawyers in India
Question : Chief Promoter / Secretary of our Co-operative Housing is a very harmful person. Since 1999, I have opposed his wrongful decisions, no clarity in Society's financial transactions. He gets sacastic pleasure by victimising another person. Due to my financial problems I have defaulted payments, however till 2019 there are no pending payments. Payments were made online. No DEMAND by the Society for the last 3 years against maintenance / electricity / water etc. therefore payment from my side against maintenance / electricity / water etc remains pending for the last 32 months. In 2014 I filed a defamation case against one of the office bearers u/s 500 IPC As a counter I was expelled in 2015. RCS disapproved the expulsion after few hearings with a note to reconcile bank payments. Society did not reconcile. Society again in 2018 expelled me without giving me any opportunity of being heard. No notice was served upon me. Till date RCS has not heard. Dispute case filed in 2019 was dismissed. My appeal to RCS / State Government (Principle Secretary) remains pending. West Bengal State Government passed a recent order dtd 14.07.2022 validates my expulsion. It was done without my knowledge. Immediately Society terminates electrical power supply to my flat and asks me to vaccate the flat. Restores electrical supply after 25 days with police invention after signing an undertaking. Society preparing for eviction. Completely confused, pls. advise.
Subject : Sate government expulsion from co-opt hsg membership
Answer By Lawyer : As per law, if RWA is constituted, then in terms of society registration Act, election of governing body is compulsory and if election does not take place then such governing body become defunct society. Necessary complaint can be filed against such erring society. The account of society is also required to be audited. So no official can hold any post in the society for continuous 24 years which is in itself illegal. A official of society can hold office maximum three times and thereafter such official candidature become cancelled. You can lodge your complaint with registrar. Society cannot terminate water and electricity supply, which are basic necessity of life, in any eventuality. Your version regarding that there was no demand on part of society claiming maintenance does not absolve you from your liability to pay maintenance. You can challenge your expulsion in court by way of WRIT in high court or by way of suit for permanent and mandatory injunction.
