July 8, 2016.
To,
Shri S.M. Patil,
District Dy. Registrar of Co-operative Societies 2,
East Suburb, Mumbai,
2nd. Floor, Konkan Bhavan,
Navi Mumbai.
Sub. : Maitri Park Co-op. Housing Society Ltd. - Registration No. BOM/HSG/2565/1970;
Redevelopment Project - C.T.S. No. 131A 1790A;
Developer - M/s. Hiranandani Constructions Pvt. Ltd.;
Architect - Mr. Bansi H. Wadhwa, Architect.
Dear Sir,
At the outset we thank you for your kind co-operation extended to Mr. Ranjit Singh Saini, a Member and Senior Citizen of our Society and giving him a patient hearing on 05-07-2016. During his brief discussion with your good self he had appraised you about the functioning of the Managing Committee of our Society with only 7 active members out of 9 who regularly sign various official communication to members barring the 2 isolated members, viz. Mr. Anil Kapur and Mr. Laxman Gurbaxani without informing or assigning any reasons whatsoever to the members, which has come to our knowledge recently. This understanding has been inferred from such instances some of which are as follows -
1) The letter dt. 17-03-2015 from one of the society members, Mrs. Gurmeet Kaur Saini was
replied vide the Society’s letter dt.22-03-2015 which carried 7 Managing Committee members
signatures out of 9 isolating 2 members without the approval of the Managing Committee
members and in absence of proper meeting and resolution in which the Managing Committee
threatened her by resorting to institute legal and criminal proceedings when she enquired regarding
violations in the redevelopment project and general affairs of the society which was replied by her
with documentary evidence pointwise vide letter dt. 06-04-2015. Since the last 18 months the
Managing Committee failed to respond to the above letter. [Exhibit-A]
2) The Managing Committee of 7 members informed all the society members vide letter which was
undated and unsigned by the Managing Committee which speaks of increasing the corpus from
Rs. 30.0 crores to Rs. 100.0 crores in view of the current market conditions.[Exhibit-B]
3) Inspite of directions from the Dy. Registrar of Co-op. Societies, M-Ward, the Managing
Committee members failed to furnish copies of various documents for the period from Jun-2006
to May 2016 relating to the society’s redevelopment project, 3 years Balance Sheets for the years
2012-13, 2013-14 & 2014-15 resp. pursuant to the letters by one of the society’s member,
Mr. Ranjit Singh Saini. The Managing Committee consistently gave unnecessary lame excuses for
not furnishing the required documents (letter No. RSS/2016-17 dt. 27-05-2016). The same is not
received till today inspited repeated reminders from the Dy. Registrar under the RTI Act. ( Letter
Members of Maitri Park CHSL.
132-135, Sion Trombay Road, Chembur, Mumbai - 400 071.
HAND DELIVERY
No. 613/616 both dt. 26-05-2016 and No. 816 dt. 05-07-2016 and Mr. Ranjit Singh Saini’s
letter dt. 27-05-2016. All these letters have been ignored for the reasons best known to the
Managing Committee. [Exhibit-C]
4) Inspite of letters by the members to the Managing Committee for isolation and ignoring one of
the 2 isolated members (letter dt. 04-04-2013) signed by 72 members, instructing the
Managing Committee to take proper advice and utilise the services of the aforesaid member in
the interest of the society members in the redevelopment project, regarding the objectionable
points related to the redevelopment, since the said member is well experienced and had
knowledge about the redevelopment procedure, the same was completely ignored by the
Managing Committee. [Exhibit-D]
5) In a reply to the query of one of our society’s respected member, Mr. I.M. Saxena
residing in Flat No. C-12/4, asking for a copy of the legal notice sent to the Developer by the
Managing Committee, the Managing Committee falsely replied to him by furnishing a copy
of the General Body resolution instead of the Legal Termination Notice which ought to
have been sent after which was never sent in spite of the General Body resolution, and
went further still claiming that they had served the Legal Notice of Termination to the
representative of Developer, Mr. Gurnani on 29-09-2014 as claimed by the Hon. Secretary vide
his letter dt. 26-02-2015 to have been circulated to the members. However even after
15-10-2014 till date the Developer has not obtained the Occupation Certificate, and which he
failed to do so, the said Legal Notice for Termination of his contract was not forwarded to
them since the legal notice for termination was not sent by the Managing Committee. [Exhibit-E]
6) We understand that the society has Fixed Deposits in the Punjab & Maharashtra Co-operative
Bank Ltd., Chembur Branch aggregating to Rs. 4,44,49,072/- (Rupees Four Crores Forty-four
Lakhs Forty-nine Thousand Seventy-two only). At the Annual General Body Meeting of our
society held in November, 2011 at the Maitri Park Garden objections were raised followed by
discussion and debate regarding having Fixed Deposits in the Punjab & Maharashtra Co-op.
Bank Ltd. wherein a resolution proposed by Mr. Sunil Shahani & seconded by Mr. Krishinlal
Katyal was passed to transfer the various Fixed Deposits from the Punjab & Maharashtra
Co-operative Bank Ltd. to any other Bank pursuant to their maturity as and when since almost all
members had lost confidence in the Punjab & Maharashtra Co-op. Bank, Chembur Branch due
to the bad reputation during the prevailing period as such a huge amount was at stake. However
we find that our society still contnues to have Fixed Deposits in the said bank as of date which
amounts to violation of General Body resolution. Exhibit-F]
7) The various letters addressed to the Managing Committee have never been replied to
till today viz. letters dt. 03-03-2015, 16-03-2015, 09-06-2015, 19-03-2016, 06-04-2016,
01-06-2016, 02-06-2016, 09-06-2016, 20-06-2016, 22-06-2016, 01-07-2016, 04-07-2016
and 05-07-2016 respectively. The most active committee members ruling the Managing
Committee viz. The Hon. Secretary, Mr. Bhagwan Thadani and the Hon. Chairman,
Mr. M.H. Nayak have not taken initiative in replying and responding to the said letters. This
clearly proves that the abovementioned persons have vested interests and are not working in the
interest of the society.
Members of Maitri Park CHSL.
8) The Managing Committee allowed some members to shift on part O.C. (for demolished buildings
No. 1-5) and with furniture possession for Bldg. Nos. 35 to 38. Some of the members who had
occupied the allotted flats in the 2 Towers ‘A’ & ‘B’ had received eviction notices from the BMC
as per inspection report dt. 08-08-2014 (MCGB letter No. CE/6273/BPES/AM
dt. 08-08-2014). The penalty for the same was paid by the Developer on behalf of the resident
members. As such few members have not shifted to the new flats were hesitant and were citing
such cases for non-shifting due to non-availability of occupation certificate which is illegal.
[Exhibit-G]
9) The Developer in connivance with the Managing Committee and the Architect have committed
gross violations and irregularities in the said redevelopment project for which criminal case has
been lodged by one of the aggrieved members. The Managing Committee members are currently
on bail. The project has been inordinately delayed and stalled and all the 267 members of the
society are affected by the said acts of the Managing Committee, Developer and the Architect.
A copy of the F.I.R. in respect of the said Managing Committee members viz. Mr. M.H. Nayak,
Mr. Bhagwan Thadani, Mr. Kishor Vengsarkar, Mrs. Jaya Damodaran, Mr. Suresh Arora,
Mr. Sanjay Lodha, Mr. Anil Kapur, Mr. Laxman Gurbaxani and Mr. Vinod Thadani, Mr. Niranjan
Hiranandani of M/s. HCPL. (Developer) and Mr. Bansi M. Wadhwa (Architect) is enclosed
herewith for your kind perusal. [Exhibit-H]
In view of the aforesaid facts and circumstances, we the undersigned make humbly request you to use yourgood office by taking appropriate action as per rules / law against the Managing Committee members and save our 267 members, majotity of whom are Senior Citizens.
Thanking you in anticipation of your kind consideration. An early action in this matter will be highly
appreciated.
c.c : Dy. Registrar of Co-op. Societies, M-Ward.
Managing Committee, Maitri Park CHSL.
Maitri Park CHSL., Members
encl. : as above
Sincerely yours,
Members of Maitri Park CHSL.
Members of Maitri Park CHSL.