Date
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Events
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Complaint
Download
Link
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May 2016 to Mar 2017
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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
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Notice sent to society for no election and illegal decisions in AGM
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Aug 2017 to Mar 2018
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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.
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Complaint filed in Registrar office for no election and illegal decisions in AGM
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Apr 2018 to Mar 2019
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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)
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Transfer receipts proving society was collecting illegal transfer charges
Hand-written election report proving election was not conducted properly
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Apr 2019 to Mar 2020
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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.
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Notice sent to administrator on corruption and illegal maintenance charges
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Apr 2020 to Dec 2021
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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
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Audit report showing Rs. 20 lakhs of society was wasted/looted by administrator
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Jan 2022 to Sep 2022
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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
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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
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Oct 2022 to Jan 2023
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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.
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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
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Apr 2023 to Jun 2023
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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
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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
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July 2023 To Nov 2023.
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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.
- 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.
- I expected ministry to crackdown on corruption that may be happening in all registrar offices.
- 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)
- 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:-
- 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.
- 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.
- 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.
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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
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3rd Jan 2024
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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
- 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.
- There is no provision to reopen or transfer the case.
- There is a provision of only filing Review application, not an appeal.
- 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
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Review Application filed before the divisional joint registrar.
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3rd Jan 2024
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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
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Complaint filed before Commisioner of co-operation for crackdown on corruption in Dy.Registrar office.
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3rd Jan 2024
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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
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RTI appeal filed before SIC, requesting to pass order directing Dy. Registrar office to share requested information.
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3rd Jan 2024
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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
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Complaint filed before Ministry of co-operation for crackdown on corruption in Dy.Registrar office and suggestions for improvement in CHS Bye-laws.
Greivance Acknowledgement
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To be filed after order on second RTI appeal
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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
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To be filed in Future, if required
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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.
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To be filed in Future, if required
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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.
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To be filed in Future, if required
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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.
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To be filed in Future, if required
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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/
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File consumer complaint for compensation, if required
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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
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File FIR or private criminal complaint, if required
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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.
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To be filed in Future, if required
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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.
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