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Corruption in Dy. Registrar Office and Housing Societies
Posted By Sarin on Jan 02, 2024     RSS Feeds     Latest Hinduism news
311 Views

Last updated on 8th May 2024


Are you fed up with corruption in your society?

Do you feel that maintenance charges paid by you is being looted by the managing committee of your society?

Do you believe that paying hefty maintenance charges is a waste as you are receiving very little to no services from your society?

Are you thinking of complaining on corruption by society committee to registrar? 


BEWARE!!! BEWARE!!! BEWARE!!! 

Complaining to Dy. Registrar may not work because the Dy. Registrar of your area may himself be corrupt and may be the direct or indirect participant in the unethical actions/loot of the society. If you complain to Dy. Registrar, then it may not only be a waste your time, efforts and money but you may also face harassment, defamation, troubles etc from both society members as well as Dy. registrar office. Your own society members may retaliate against you and may trouble you, harass you, defame you as a revenge for exposing their corruption.

This case will expose how Registrar office is no longer a govt office to resolve society issues. Registrar office has now became on office of extortion where corrupt citizens are awarded for doing corruption and honest citizens are punished for speaking against corruption. Via false cases and biased orders, attempt is being made to illegally extort money from the citizens who are raising voice against corruption in society and govt offices.


After witnessing how corruption is deeply rooted in co-operative housing societies and how the Dy. Registrar and his direct/indirect officers/agents participate in the loot of the society, I am writing this article to not only expose the corruption in Co-operative housing societies and Deputy registrar office but also to serve as a guide for every disgruntled society member on how much difficult it is to fight against corruption in india and if somebody is still serious, then how they can tackle the corruption in Co-operative housing societies and Deputy registrar offices. This article will also reflect how much the govt is serious in battling corruption as I will be forwarding my complaint to various departments of the govt starting from Divisional joint registrar to the Ministry of co-operation, CM and may be PM. I will fight this case like a common man so as to show how difficult it is for the common man to get justice in this country because of corruption so deeply rooted in the society and govt offices.


With the example of my case detailed below, I will expose how the society committee does corruption with the help of registrar office and will also guide on how and when to approach different government organizations, Courts, MP/MLA etc for the resolution of your society issues. Note that exposing and taking actions against such corrupt govt officers is very crucial because instead of doing their duty of maintaining law and order in the society, they are doing the opposite by promoting corrupt, illegal, and unethical conduct in the society but it is going to be very difficult because there is a high chance that the authority or officer you will complain too may also be corrupt (In Recent survey 88% citizens admits of facing corruption

 

In my case, complainant, Lawyer, and judge, all were from the Dy. Registrar office.

-Recovery case was filed against me via the corrupt Returning Officer who works in the capacity of election officer-cum-Auditor before the Dy. Registrar office. 

-Lawyer representing the corrupt managing committee of the society is also a Returning Officer, who works in the capacity of election officer-cum-Auditor before the Dy. Registrar office.

-Judge hearing the case is the Dy. Registrar himself. 

 

Have you seen any case where everyone (i.e complainant, Lawyer and judge) are directly or indirectly working for the same party i.e Dy. Registrar office? Can any justice or right orders be expected in such a case?


Even when the Dy. Registrar was totally aware that I will complain against him in higher govt offices, he continued with his biased, illegal, and unethical actions without any fear of suspension or any kind of disciplinary actions from his superiors. This indicates that not only the local Dy. Registrar office is corrupt but his superiors may also be corrupt as otherwise Dy. Registrar may have been afraid of doing corruption

 

This is why Indian ranks 85 in the global corruption index because there is massive corruption at the grassroot level as the administrative govt officers are 100% sure that their higher authorities will not take any strict actions on the corruption happening under them. Dy. Registrar office is not functioning like a govt office to serve public interests, instead it is working like a private business office where he and his officers/agents are working for their own selfish interests 


Below is the short overview of unethical, illegal and immoral actions by the society committee and Dy. Registrar office in my case

  1. Officer of Dy. Registrar did not conduct elections for a period of 3 years to do scams worth Rs. 30+ lakhs in the society. (They are supposed to conduct election within 6 months as per the law)
  2. Rs. 30+ lakhs of society funds were looted/wasted by the administrator appointed by the Dy. Registrar office.
  3. Administrator (Govt officer appointed by Dy.Registrar) did fraud in elections with the help of his returning officer and few corrupt members of the society
  4. Returning officer (Appointed by Dy. Registrar) didn’t conduct elections in society as per the rules of SCEA. He conducted elections fraudulently for selfish motives and monetary benefits.
  5. Dy. Registrar supports the corruption of his officers by not taking any actions against them for their malpractices, corrupt & illegal actions.
  6. Dy. Registrar refuses to take any action on illegal and unethical actions happening in the society.
  7. Housing societies apply exorbitant maintenance charges for providing negligible services to the society members.
  8. Housing societies refuse to follow the byelaws and law of the land. They even refuse to follow judgements of the hon’ble High court.
  9. Any member speaking against corruption of society committee and Dy. registrar is insulted, threatened, defamed and harassed via false/bogus complaints.
  10. Housing societies appoint persons having contacts or relationship with the Dy. Registrar office to suppress their scams, illegal and corrupt actions
  11. Member of Society committee loot society funds by awarding work (without tender) to their own company and without discussing with other society members
  12. Auditors don’t connect with the society members to verify whether the society committee is doing any scams, malpractices, or illegalities.
  13. Dy. Registrar allow his own agent/officer to represent the cases of different societies under his jurisdiction and then passes biased order in favour of the societies represented by his officer.
  14. Dy. Registrar refuse to follow rules of BCI (Bar council of India), even after the intimation by opposite party.
  15. Dy. Registrar refuse to follow byelaws and the law of the land and conduct proceedings in biased and partial manner. He passes orders listening to arguments of one side only and refuses to listen arguments of the other side.  

Below is the list of events along with the actions taken by me to tackle the illegal and unethical conduct of the managing committee and Dy. Registrar office. (For Now, Download link of applications/complaint is password-protected and shared with only government officers/ministries and society members. To download complaint, Click on link, enter password in popup and then click download). My experience and tips shared below will serve you as the guide on how to handle your corrupt society members and corrupt Dy. Registrar officers but do note that it is not going to be easy and you may face severe harassment, discrimination and retaliation. I will also update this article every month to show which govt officer has taken action on my complaint against this corruption.

Downloading of documents may take time depending upon your internet speed


Date

  Events

Complaint

Download

Link

May 2016 to Mar 2017

In May 2016, Election in my society was held illegally without voting and without informing all the society members. Many members including me came to know about elections only after the AGM was announced by the new committee. 

In AGM held in Sep 2016, illegally elected managing committee passed the Illegal decision of raising NOC charges to 40% and Transfer charges to Rs. 1 Lakh. According to law, Maximum allowed limit for NOC and transfer charges is 10% and Rs. 25,000 respectively. 

I was the only one in the society to raise objections against these illegal decisions and refused to pay illegal charges. 

In Mar 2017, I sent a written notice to managing committee against these illegal decisions and illegally conducted election.

 

Tip: - Before approaching the Dy. Registrar with your complaint against the society, send at least one written notice to the managing committee of the society

Notice sent to society for no election and illegal decisions in AGM

Aug 2017 to Mar 2018

As managing committee refused to listen to my complaint, 

I complained against the society committee before the Dy. Registrar office.

Multiple hearings happened.

To present their case before Dy. Registar, Society managing committee brought in their auditor who had connections with Dy. Registrar. As expected, this auditor used his influence in the Dy. Registrar office to dismiss the complaint filed by me. 

Tip: - As most of the auditors frequently visit local Dy. Registrar office for submitting auditing reports and to represent different societies before the Dy. Registrar, most of them have connections with officers of local Registrar offices through whom they get their work done. As you may have heard and already know, these auditors often bribe the govt officers to get their work done easily and quickly.

Complaint filed in Registrar office for no election and illegal decisions in AGM

Apr 2018 to Mar 2019

As I was preparing to file appeal, other society members called me and said “We will together file a complaint before Dy. Registrar on dissolving the managing committee and then the newly elected committee will solve your grievances” 

Members collectively filed complaint before Dy. Registrar to dissolving society committee and conduct fresh elections. As a result, managing committee was dissolved by Dy. Registrar in Mar 2019.

Tip: - It is always better to include as many members as possible in your complaint. If complaint is filed by multiple members, then Dy. Registrar is under pressure to act against the society committee. If complaint is filed only by a single member, then registrar can easily dismiss the complaint even if your complaint is full of merits and exposes serious corruption in the society (as it happened in my case above)

Transfer receipts proving society was collecting illegal transfer charges

Hand-written election report proving election was not conducted properly

Apr 2019 to Mar 2020

Society came under the administrative rule of Dy. Registrar office. Members kept asking administrator to conduct elections but as the motive of the administrator was to loot society funds, he kept making excuses to defer elections. This administrator also continued applying illegal charges of 40% NOC charges and Rs. 1,00,000 transfer charges on all members of the society

 

Tip: As per the law, Administrator is supposed to conduct elections within 6 months without fail. No administrator can rule the society for more than 6 months. However, as the administrator receives salary from the society every month (in addition to his govt salary from Dy. Registrar office), administrator often don’t conduct elections in 6 months so as to earn more and more money from the society. If the administrator is not conducting election within 6 months, then you should immediately complain to Dy. Registrar and Divisional Joint registrar, otherwise society funds will be wasted/looted by administrator. In our case, more than Rs. 30 lakhs of society funds were wasted/looted as the administrator didn’t conduct election for almost 3 years.

Notice sent to administrator on corruption and illegal maintenance charges

Apr 2020 to Dec 2021

Coronavirus started. Administrator again got an excuse of postponing elections and kept looting the society till the society funds became less than 1 lakh. To loot more money, administrative officer also initiated recovery proceedings against members, who were refusing to pay maintenances charges as they were not receiving services from the society.

In Oct 2021, When I warned administrator of complaining to his higher authorities on not conducting elections, then he conducted elections but discreetly without informing all the society members. Elections were conducted in such a secret manner that only few members of the society were informed and as only those few members came on day of elections, they were elected unopposed as there were not enough members to vote or stand for elections. Administrator conducted elections in such a fraudulent way to ensure that the new society committee don’t initiate any actions against the scams of Rs.30+ lakhs done by him.

Tip:- Always keep track of how the elections are conducted in your society. Election is a 3+ months process involving 10 to 12 stages. However, many societies don’t follow all these stages and directly conduct elections on an uninformed day to elect themselves as the chairman, secretary, and treasurer of the society unopposed. If the society is conducting elections in such a way, then it is obvious that the intent of the newly elected committee is to loot society funds or support the illegal activities in the society

Audit report showing Rs. 20 lakhs of society was wasted/looted by administrator

Jan 2022 to Sep 2022

I approached new committee for actions against scams of administrator. Managing committee refused to take any actions citing excuses that “Wait as we haven’t received all society documents from Registrar office”.

As I was continuously targeting new committee for getting elected fraudulently and not taking actions against scams and reversal of illegal charges, I was removed from society WhatsApp group. Instead of acting to my complaint, managing committee started defaming me in the society and sent multiple false recovery notices.

I also came to know that the returning officer who was sent by Dy. Registrar office for conducting elections in the society, has been hired as the manager/accountant of the society by the corrupt managing committee just after elections. Isn’t this the proof of fraud in elections as the returning officer conducted election fraudulently to get himself appointed as the manager of the society so as to earn/loot money from the society?

Society committee also tried to harass me and my tenant via bogus complaints on dog issue. Society committee sent me multiple complaints threatening me of consequences if any of the street’s dogs fed by my tenant bite anyone in the society.

Tip:- Always check the returning officer conducting elections is a honest and unbiased person. If he is a corrupt person, then he will do fraud in elections to elect only those members who bribes him or give him some benefits. Nomination forms of other members will be rejected by him.

In my case, benefit to returning officer was in the form of a job of the society manager/accountant. Other benefits may be in the form of commission for every scam that happens in the society. This is subject to investigation

Letter showing administrator appointed his own officer to conduct elections

Reply to notice by society commitee who were harassing me and my tenant for feeding/protecting stray dogs

Oct 2022 to Jan 2023

After I sent a legal notice to society, the managing committee complained that only I am raising complaints. Others are happy with their work.

Then, I temporarily resigned from membership from society stating that i don't want to be a member of a fraud society and completely stopped paying maintenance charges. Meanwhile, Society committee hired a person having connections in the Dy. register office as the lawyer of the society without checking her bar license and without discussing with other society members.

Tip:- If you are not happy with the services offered by the society, then you can resign from the membership of the society as per the Bye Law No 27(a) of MCS act. Note that, upon resignation, society may terminate all their services like parking, water supply etc. If you cannot manage all services on your own, then don’t resign from the membership of the society.

In my case, as I had my own parking space and water supply in my bungalow, I wasn’t taking any services from the society.

Final notice of recovery with false claims sent by society

Reply to final notice stating that i don't owe a single rupee to society

Resignation letter to society

Apr 2023 to Jun 2023

Through the agents of Dy.Registrar, Society filed a false recovery case against me before the Dy. Registrar office. 

I filed 100’s of arguments with evidence in 50+ pages. But Dy. Registrar was so biased that he refused to listen to any of my arguments/requests and listened only to the society lawyer, who had a considerable clout in Dy. Registrar office as she worked there as an auditor-cum-election officer.

I also filed applications for dissolution of society giving evidences of scams by society and officers of registrar office but registrar never heard this application. Not even a single hearing happened on my application. I knew it very well that Dy. Registrar will supress my applications that highlight corruption of his own office.

What was the purpose of hearing if Dy. Registrar didn’t want to hear any arguments? He should have passed order straightway without calling me for hearing and wasting hours of my time on each hearing

Tip:- If you have a doubt that Registrar is biased and corrupt, then file more written applications and arguments before the Dy. Registrar office. If the Dy. Registrar refuses to hear your applications or arguments, then it will become a proof that he was biased. If you are able to show that the Dy. registrar was biased and partial, then his orders will not be valid legally and will be set aside by higher courts. Never forget to take acknowledgement of applications/Documents filed by you in Dy. Registrar office

If you have very strong evidences that registrar is corrupt, then you can directly contact Anti-corruption Bureau(ACB) and submit your evidences to ACB. I got the following image from the office of Divisional joint registrar


SIC website not working

Filed multiple replies proving legally that i don't owe a single rupee to society but corrupt registrar refuse to listen any of these arguments

Filed dismissal application attaching court orders that states illegally elected commitee have no locus standi to file case but corrupt registrar refused to even see court order.

Filed dismissal application with 7 arguments on why the case filed against me is not maintainable but corrupt registrar again refused to listen to any of my arguments

Filed dissolution application stating 8 legal reasons on why society commitee should be dissolved. But corrupt registrar didn't conduct even a single hearing on this application

July 2023 To Nov 2023.

After I came to know that the society lawyer is working as the auditor and returning officer for the registrar office and gets order in his favour by influencing/bribing the officers of Dy. Registrar, I filed RTI application in Dy. Registrar office to get the list of all societies who appointed her as the lawyer to get a favourable order from Dy. Registrar. As expected, PIO (Public information officer) dismissed my RTI application giving an excuse that the society lawyer has objected on sharing details of the cases fought by her.

Dismissal of RTI application by PIO implied the shady association between the Society lawyer and officers of Dy. Registrar. So, I filed an RTI appeal. 

RTI Appeal was heard by Dy. Registrar himself. During hearing, When I asked PIO under which section of RTI informatin was denied to me, he had no answer. When I asked the same to Dy. Registrar, he said he will answer it in his order. In his order, Dy. Registrar refused to share details saying that RTI should be field for public interest and sharing the information I requested will not serve any public interest.

Registrar was fully aware that I had filed RTI to expose corruption, then also he passed such a wrong order. Now, you only decide whether exposing corruption in govt offices or by govt officers is in public interest or not?

Meanwhile, noticing that Dy. Registrar office is heavily biased and is not afraid of disciplinary actions from his superiors, I filed 200+ page transfer application directly before the ministry of Co-operation for the following three reasons.

  1.  I had a doubt that superior of Dy. Registrar i.e Divisional joint registrar would simply supress my complaint and will not do any justice in this case.
  2. I expected ministry to crackdown on corruption that may be happening in all registrar offices.
  3. I wanted to give suggestions on why ministry needs to frame new laws to stop corruption in society and registrar offices. (All suggestions are listed at the end of his article)
  4. Only the ministry had power to order investigations & strict actions on misconduct and negligence in duty of administrator, Dy. Registrar and Agents/Officers of Dy. Registrar office.

 

In this application, I have exposed all frauds of corruption of Dy. Registrar offices with evidences. However, without waiting for the ministry of co-operation to hear and decide on my transfer application, Dy. Registrar closed my case and passed a biased order directing me to pay Rs. 2+ lakhs to the society. Such an order was passed even when the Dy. Registrar was fully aware that I don’t owe a single rupee to the society. On the contrary, society owed me money for charging exorbitant transfer charges, cheating, harassment, mischief, and mental agony.

Tip:-

  1.  If you don’t have any proof of corruption by society or registrar office, then get that proof by filing RTI in Dy. Registrar office. On filing RTI, Registrar will direct the society to give the audit report, election report or any other documents requested by you. 
  2. Get proof of corruption by govt officers by filing RTI in the same govt office where the officer is doing corruption. If the PIO (public information officer) don’t give the requested information, then SIC (state information commission) OR CIC (central information commission) can suspend PIO or can impose penalty on him.
  3. if the govt officer is not afraid of doing corruption then it means he has support of his superiors. In such cases, one can directly complain to the ministry the govt officer works for. If the ministry act on your complaint, then all is well and good. If the ministry ignores your complaint, then you will have one proof that state govt didn’t act on your complaint. This proof will be very useful if your case goes to high court.

Filed a 200+ transfer application before the ministry of co-operation attaching all the proofs on fraudulent/unethical actions & corruption of managing commitee and Dy.Registrar office

RTI application requesting information to investigate the scam of registrar passing favourable order on cases where his own officer/agents acts as the lawyer of the society without vakalatnama

Copy of RTI order where PIO refused to share requested information.

Filed RTI appeal requesting registrar to share the requested information to investigate scam

Copy of RTI order on appeal where registrar refused to share requested information

Order by registrar to initiate recovery proceedings on false claims submitted by society

3rd Jan 2024

After receiving the copy of order, I filed a review application before the divisional joint registrar. As the whole proceeding by Dy. Registrar office was vitiated by fraud, my case should not be reviewed, instead should be reopen and reheard again by some registrar. However, as there is provision of reopening of case in MCS act, I had to file review application.

 

Tip:- Note that filing a review is very important because if you don’t file a review application, then Dy. Registrar will simply issue a recovery certificate that will direct the recovery officer to recover amount by selling off your property.

Below points shows that how badly the MCS laws are framed

  1. Even when the govt is fully aware of corruption in govt offices, they have passed law that gives authority to govt officers to conduct biased proceedings and pass an order of auctioning anyone property. 
  2. There is no provision to reopen or transfer the case.
  3. There is a provision of only filing Review application, not an appeal. 
  4. You have to mandatorily deposit 50% of the amount stated in order for the revision application to be heard by Divisional joint registrar. This means that even if the Dy.registrar fraudulently orders you to pay Rs. 10 lakhs, then also you have to mandatorily deposit 5 lakhs, otherwise your review application will be dismissed by Divisional Joint registrar 

One of the major differences in review and appeal is that in case of appeal, no judge will dismiss your application without listening to you whereas in case of review, judge can simply dismiss the application without listening to you. This means that in case of review application, you may not even get a chance to represent your case.

In most of the cases, divisional joint registrar dismisses the review application by stating that petitioner didn't deposit 50% of the recovery amount. While submitting the review application, i was also told by Divisional registrar office to deposit 50% amount but i challenged it stating that since the order has been obtained by fraud, it is not legally binding and So, 50% amount need not be deposited in my case.

If you are also forced to deposit 50% of recovery amount, then cite the following judgements to the divisional joint registrar :-

In Ganpatbhai Mahijibhai Solanki v. State of Gujarat and Ors. (2008) 3 SCC 556, this Court held:
"It is now a well settled principle that fraud vitiates all solemn acts. If an order is obtained by reason of commission of fraud, even the principles of natural justice are not required to be complied with for setting aside the same."

In T. Vijendradas and Anr. v. M. Subramanian and Ors., 2007 (12) SCALE 1, this Court held:
21. ...When a fraud is practiced on a court, the same is rendered a nullity. In a case of nullity, even the principles of natural justice are not required to be complied with

In Lazarus Estate Ltd. Vs. Besalay 1956 All. E.R. 349), the Court observed without equivocation that "no judgment of a Court, no order of a Minister can be allowed to stand if it has been obtained by fraud, for fraud unravels everything."

If the divisional joint registrar still doesn't listen and orders you to deposit 50% amount, then download the above judgements from high court & supreme court website, file these judgements in your revision application and let the divisional joint registrar dimiss your review application. After dimissal, challenge this order of divisional joint registrar by filing a writ petition in high court under article 226 of the indian constitution

Review Application filed before the divisional joint registrar.

3rd Jan 2024

Filed complaint before the Commissioner for cooperation for fair hearing and investigation into corruption by society and registrar offices

Tip:- After filing review application before the divisional joint registrar, don't expect any relief because most of the Dy. Registrar have good connections with     divisional joint registrar. They frequently have discussions, meetings, conferences on various society and official matters. If any registrar is doing illegal and unethical activities without any fear of suspension or disciplinary actions, then believe that he has the support of his superior. So, better file your complaint at multiple levels instead of filing it at only one level. All these complaints will be very useful if the matter goes to high court

Complaint filed before Commisioner of co-operation for crackdown on corruption in Dy.Registrar office.

3rd Jan 2024

Filed second appeal on RTI to retrieve documents from Dy. Registrar office that will expose the relationship between Dy. Registrar office and lawyer-cum auditor. These documents may give the proof that Dy. Registrar allow his own officers/agents to work as the lawyer of the society without submitting Vakalatanama and then passes order in favour of such lawyer without going through the merit of the case and without listening to arguments of the opposite party.

 

Tip: If your First RTI appeal is rejected wrongly, then you can file second appeal before the SIC(state information commission) for state govt offices or CIC (Central information commission) for central govt offices. You can file a second appeal online but most of the times, their website don't work and you have to file second appeal physically in office of SIC as you don't even recieve response from their support as shown below


SIC website not working Update(8th May 2024) :- I found filing of second appeal as not useful because SIC takes 2 to 3 years to dispose the second appeal. After 2 to 3 years, information recieved may be of little use in my case.

RTI appeal filed before SIC, requesting to pass order directing Dy. Registrar office to share requested information.

3rd Jan 2024

Complaint filed before ministry of co-operation through secretary, for action on corruption in housing societies and Dy. Registrar offices and suggestion for new laws (listed at end of article)

 

Tip:- If complaint to Divisional joint registrar and commissioner of co-operation doesn’t help, then file complaint before ministry of co-operation. Attach all above complaints showing that the none of the govt officers including the commissioner of co-operation did their duty of resolving public grievances.

As I also have suggestion on why more stringent CHS laws need to be created, I have more reasons to write to Ministry of co-operation.

Filing complaint in Maharashtra is very easy. Just login into the below website, select ministry of co-operation, fill your details, describe complain in 3000 words, attach document and submit complaint. You will recieve a token number, that you can use for tracking your complaint

https://grievances.maharashtra.gov.in/

 

You can also give you suggestion to different ministries of govt using the same above website


Update(8th May 2024) :- Grievances raised on govt portal doesn't work. My complaint raised on 3rd Jan are still not resolved. Moreover, i noticed that ministry of co-operation resolves less than 10% of the total number of cases. Check below screenshot
2024_COOP_Pending_cases

Complaint filed before Ministry of co-operation for crackdown on corruption in Dy.Registrar office and suggestions for improvement in CHS Bye-laws.

Grievance Acknowledgement

Jan 2024 to Feb 2024

Society started sending me threat of attaching my property or confiscating my salary via local District Co-operative housing federation. There is no need for society to approach district federation for recovery proceedings. Society can directly approach collector office but corrupt societies deliberately go to district federation since district federation have good contact with officers in collector office and it is easy for them to quickly complete the recoevery proceedings especially when there is an element of fraud involved.

I wrote back to District housing federation that their job is to honestly guide society to resolve society issues, not to participate in fraud of society. I also requested housing federation to take action on fraud by society even when i knew district housing federation will do nothing. I also wrote a letter the collector office to not admit any mischievous application from this fraud society and housing federation that supports such fraud society. If any action taken by housing federation, then i can show these letters in high court and reveal that despite of submitting proof on fraud by society, housing federation did not do its job of taking action against fraud society and participated in the fraud of the society to threaten and harass the innocent society members.

Tip:- if you recieve threatening notice from anyone, then always reply asking them to do their duty honestly and maintain a copy of reply to expose them in higher courts.

Final notice to society to stop their fraudulent actions attaching Letter sent to district housing federation and collector office

March 2024 to April 2024

One member of society started sending legal notice to me threatening me of a civil, criminal and co-operative case if i don't do the following.
a) Adopt all the stray dogs
b) Belt-fast the stray dogs and keep all of them confined in my house
c) Don't feed the stray dogs
I have no doubt that this threat was given on the behest of society commitee because this member has simply repeated the same old false arguments of society commitee on dog issue and refused to held society commitee liable for the dog issue even when i gave reasoned arguments, grounds and evidences for the same.

Tip:- If your society is also threatning you of filing bogus case against you just for feeeding stray dogs, then send them a legally reply citing the guidelines of AWBI and judgements of high court/supreme court from below links
Animal Welfare Board of India issues advisories with regard to stray dogs and pet dogs
Stray dogs: From ownerless to community-owned

Meanwhile, i also sent a legal notice to Dy. Registrar giving him one last opportunity to undo his illegal actions or otherwise, i will file a criminal case against him

Threatening Notice For Feeding Dog and My Reply

Legal Notice To Registrar

7th May 2024

if you see above on 3rd jan 2024, I had indicated that Divisional joint registrar will dismiss my review application via order to pay 50% deposit of recovery charges. This is what exactly happened as soon as I started speaking on fraudulent actions of Dy. Registrar. DJR kept iterating section 154(2a) of MCS act even when i argued that how can any section be applied on an order that has been obtained by fraud and has no legal value. He refused to listen affirming that even if the Dy. Registrar would have passed a fraudelent order to pay 1 crore, I would not hear the arguments until the petitioner deposit 50 lakhs. This gave me a perfect ground to file a PIL in Bombay high court as this means that poor and unprevileged will never get justice in such cases as they will have no means to deposit money nor any emans to fight in higher court which also means that poor/unprevileged would lose his property while Dy. Registrar may enjoy for delibrately passing the wrong order. I would be filing a PIL on this issue and various other much-needed CHS laws that i have stated at the end of this article

Before the hearing itself, i have anticpated such a hearing and had filed a RTI to get various information that will be useful for my PIL before the hon'ble high court

RTI to get information on corruption stats of various registrar offices under jurisdiction of DJR

To be filed after order on second RTI appeal

File complaint before the Bar council of Maharashtra and goa for disciplinary actions against the society lawyer for corrupt practices and violating BCI (Bar council of india) Rules.

Tip:- If any lawyer has any kind of relationship with the judge or meets the judge in his personal capacity or has connections to influence the judge, then such lawyer is not eligible to fight any case before that judge.

In my case, as the lawyer also works as the govt. certified auditor and meets the Dy. Registrar regularly for auditing or/and election purpose and has a connection with officers of registrar office, she cannot represent any case before the Dy. Registrar as in all such cases, she will most probably get favourable orders from the Dy. Registrar. This is precisely the reason why I filed RTI to investigate all her past cases, where she got favourable orders from the Dy. Registrar

 

To be filed in Future, if required

Complaint to be filed before the MLA, if no relief from the above complaints

Tip: - Resolving the problems/concerns of the consituency or problems dealing with government departments, agencies, etc. is one of the chief duties of MLAs. So, If you believe your MLA is honest, then you can also approach him for faster closure of your case. 

As I also have suggestions on how existing laws are insufficient in tackling corruption in housing societies and why news laws needs to be added, I have more reasons to write to MLA. Also, secretary of my society is a local politician with strong connections. So, it makes more sense to approach MLA in my matter.

 

To be filed in Future, if required

Complaint to be filed before the MP, if I no relief from the above complaints

Tip: - Resolving the problems/concerns of his consituency or problems dealing with government departments, agencies, etc. is one of the chief duties of your MP. If you believe your MP is honest, then you can also approach him for faster closure of your case.

In my case, my MP is the son of the CM of my state. So, as my MP is directly related to chief minister of the state, he can directly help in creating new laws that will stop the corruption in housing societies and registrar offices.

 

To be filed in Future, if required

Complaint to be filed before the CM and Central ministry of Co-operation, if no relief from the above complaints. Central ministry of co-operation is headed by home minister Shri. Amit Shah
 

Tip: - If complainant at all the level of the state doesn’t help, then the next step is to complain to the central govt. Before approaching the central ministry, you can also try filing a din lokshahi complaint before the district collector office. 

 

To be filed in Future, if required

In most of the cases, your grievances will be resolved till the above step. However, if your complaint is still not resolved, then the last step would be to complain to Ministry of Personnel, Public Grievances & Pensions through CPGRAMS portal. Ministry of Public Grievances is headed by Prime Minister Narendra Modi 
 

Tip: - Avoid Complaining to the Ministry of Public Grievances until you have exhausted all other options. Complaint can be filed online via the below link

https://pgportal.gov.in/

 

 

File consumer complaint for compensation, if required

Following the above steps may resolve your issue but you will not receive any compensation for the harassment and mental agony faced in filing the above complaints.

 

Tip: - For compensation, you can either file a civil suit or consumer case. Civil suit takes time. So, better go for a consumer case citing deliberate negligence in duty and harassment by society committee. Don't file case for minor disputes. As you are going to stay in the same society, file cases only when the actions of society commitee is very grievous in nature

 

File FIR or private criminal complaint, if required 

If society committee is harassing you, threatening you, defaming you, forcing you to pay money or damaging your property then you can file FIR in police station. If police refuse to file FIR, then file a private complaint before the J.M.F.C (Judicial Magistrate of First Class) of your area.

File complaint under one or more of the below sections

IPC 425 : For any monetary loss including damage to property

IPC 499: For defamation

IPC 383: For forcing you to pay extra money.

IPC 503: For criminal intimidation (threat to your life, reputation or property)
 

Note: - Above IPC     sections would be replaced in future by new laws (Bharatiya nyaya sanhita) passed by the parliament 

 

Tip:- If you are educated, then avoid hiring lawyer for your case and fight on your own. Because there are considerable chances that your lawyer will join hands with lawyer of opposite party, and both will work together to drag the case so that both lawyers can mint more and more money from their respective clients. 

 

To be filed in Future, if required

If none of the above step’s work for you, then the only option left is to seek relief from high court under article 226 of the constitution

Tip:- Try to resolve the matter before it reaches the high court. Because hearing in high courts gets deferred many times due to paucity of time and a good lawyer of high court usually charge huge amount of money per hearing.

 


I will update this post every week on actions taken by govt offices so that every citizen will know how much the state govt is serious in finishing corruption at grassroot level. I also advise everyone to file more and more complaint on corruption by govt officers and then escalate it your local MP/MLA and ministries (if not resolved) to check whether your MLA/MP or state govt listens to you and works honestly to resolve your complaint. If MLA/MP and ministers ignore your complaint, then you should ask your relatives, neighbours, friends etc to not vote for the party to which your MP/MLA and ministry belongs. If MLA/MP and ministers resolve your complaint, then you will know that the govt listens to common man and you should appeal everyone to vote for the party to which your MP/MLA and ministry belongs.



Lastly, Below are my list of suggestions for the govt to add new laws in MCS(Maharashtra co-operative society) act

  • Dy. Registrar should have the power to validate and decide whether maintenance charges are in proportion to the services provided by the society. In my case, society is charging enormous maintenance charges without providing any services to the society members. Most of the society’s funds are not used for the maintenance of the society, instead are looted by members of the managing committee or Dy. Registrar officers. In my case, as per the audit report, secretary is diverting society funds to his own company. 
  • Members should be given the option to only pay for the services provided to them. For Ex: All members are mandatorily forced to pay for club, swimming pools, parking charges etc even when they are not using any such services.
  • Stringent actions should be taken against Dy. Registrar who refuses to take action against the malpractices and serious level of corruption by his own officers or by the housing societies in his jurisdiction. In this case, I complained multiple times against corruption and malpractices of managing committee and Dy. Registrar that caused loss of Rs.30+ lakhs to society, but Dy. Registrar is not listening to any of my arguments/complaints. Dy. Registar once even said “This is my office. I will decide and do what I want.”
  • Stringent actions should be taken against the managing committee who willfully break laws and indulges in corruption and fraudulent malpractices to cause massive losses to the society. Member of the managing committee should be forced to pay penalties from their own pockets if their crimes or malpractices are proven before Dy. Registrar. In this case, I have filed many complaints against managing committee and Dy. Registrar office on crimes under section 405/420/425 of IPC, violation of fundamental rights and contempt of hon’ble high court, still the society committee nor Dy. Registrar office listened or acted on my complaint.
  • Punishment to Administrator of Registrar office if the election is not held on time for fraudulent reasons. In this case, Society came under Administrator rule on 5th mar 2019. As per the law, election should have been conducted within 6 months, but administrator of Registrar office didn’t conduct election for almost 3 years till Dec 2022. Rs. 30+ lakhs of Society funds were looted/wasted in just 3 years of administrator rule. Today, there is a debt of Rs.30+ lakhs on the society because of fraudulent act of administrative officer and the corrupt members of the society.
  • Returning officers conducting elections in society shouldn’t be allowed to become employee of the society after elections. In my case, the returning officer conducted elections illegally to elect members that will make him the manager of the society. In other words, with the help of Dy. Registrar office, returning officer conducted elections fraudulently to gain monetary benefits from the society via salary and scams.
  • Stringent laws need to be formulated by SCEA (state co-operative election authority) against the returning officers who indulge in fraudulent elections or elect any members illegally.
  • Any Govt. Certified auditor or returning officer working before the Dy. Register office, shouldn’t be allowed to represent case of any society in the same Dy. Register office. As such officers have connections with officers of Dy. Registrar office, any case filed by them is ruled in their favor by the biased Dy. Registrar.  
  • Anyone in society, including defaulters, should be allowed to file complaint before the Dy. Registrar office. Many housing societies are stopping members from filing cases against the society committee by wrongly portraying them as the defaulter of the society. Dy. Registrar dismisses the complaint, without verifying whether the complainant is a defaulter.
  • Dy. Registrar should initiate recovering proceedings only after verifying that the recovery case filed by the society committee is maintainable and has merits. In this case, I argued very strongly that the case against me is bogus, devoid of merits and non-maintainable, still the Dy. Registrar refused to listen to my arguments and passed the biased order against me of paying Rs. 2+ Lakhs to the society
  • Dy. Registrar should also have the power to dismiss the managing committee that has been elected fraudulently. In this instant case, managing committee has been elected fraudulently but Dy. Registrar is refusing to listen this matter by saying that he doesn’t have the power to decide on validity of elections. It is beyond my understanding that if the Dy. Register has the power to appoint the Returning officer for elections in society, why he shouldn’t have power to take action against the fraudulent elections by such returning officers.
  • No lawyer should be allowed to represent the case before the Registrar, until they submit the copy of Vakalatnama and lawyer bar license. In my case, a society lawyer was allowed to represent the case of the society without submitting vakalatnama and her advocate bar license. As she has connections with Dy. Registrar office, she was allowed to represent cases of any society without proving that she is a lawyer. This is why I had filed RTI to investigate his past cases. But this RTI was rejected by biased Dy. Registrar
  • Certified Auditor should compulsorily conduct a meeting with all society members to hear any complaints on irregularities or illegalities by the society committee and all these complaints should be filed in the audit report. In this case, society committee is illegally collecting transfer charges from Rs. 50,000 to Rs. 1,00,000 but the same is not added to the account books. Society committee is giving contracts of repair work to any company (in this case to the unregistered company of the secretary of the society) without informing the society members. No solid GST receipts are taken for any contract or repair work nor there is any proof submitted that the repair work was done in society. Auditor also failed to see that Society is illegally collecting Rs.1,000 as NOC charges
  • Society committee should not be allowed to file case before Dy. Registrar against any member without taking approval of 50% of the members of the society. If the society committee still wants to file cases without approval of 50% members, then they should spend money in filing cases from their own pockets, not from society funds. In this case, a false complaint was filed against me as I was exposing the corruption of the managing committee. Case against me was filed to harass me and for personal vengeance. Most of the members are not even aware that almost lakh of rupees from society funds is wasted on false case against me.
  • Cameras should be installed in all the registrar office so that the biased conduct, malpractices, and arrogant statements of the registrar is caught on camera. In this case, the Dy. Registrar has been conducting proceedings in the biased manner since the first hearing. He refuses to listen to my arguments and only listens to the arguments of the society lawyer, as she is working as a returning officer and audit officer before him. Dy. Registrar have even made statements like “This is my office. I will do what I want”. 
  •  All hearings in Dy. Registrar should happen in an open court, not in the personal chamber of Dy. Registrar. As all the hearings under MCS act are happening in the office room of Dy. Registrar, Registrar is conducting proceedings in the biased manner as there is no one to watch his biased proceedings. If the same proceedings take place in an open room where anyone can watch and hear the arguments from both sides (like it happens in court), then it will reduce the probability of biased actions/proceedings by Dy. Register as it will catch the attention of the public.
  • SCEA should verify that each election conducted by its returning officers is free and fair and there is no fraud in elections. There should be a helpline or portal where any member of society can lodge a complaint against fraudulent acts or negligence in the duty of returning officer. In this case, both the elections conducted in 2016 and 2021 were not done according to the rules. No vote-based elections have happened in society for the last 10 years. Returning officer conducted elections with fraudulent intentions and even became the employee of the society after conducting elections.
  • Depositing 50% of the amount for filing revision application should be discretionary, not mandatory. Any petitioner should not be forced to pay 50% of the ordered amount if the order has been obtained by fraud


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