Harassment by managing committee members
I am putting up my queries/ situation in chronology of the event and am sorry for the lenght of this letter.
1. September 2009-We had purchased flat in re-sale, my late mother being the first holder and me, her son, the second holder.
2. At the time of purchase, we were demanded to pay Rs.2,00,000/- as outstanding construction cost. Which we did.
3. My mother expired in November 2012, making a ‘WILL’ for transfer of her 50% shares in the name of my father.
4. Due to impending fight between the current managing committee members of the building and the parent society, the share transfer was not initiated.
5. April 2014- The building got bifurcated from the parent society.
6. In Aug 2014- The new managing committee, made demands of maintenance arrears since year 2005. I stopped paying the maintenance, since the amounts paid previously, were being shown adjusted against dates different from what was communicated to us since we came in 2009, infact my payments were shifted to years prior to us buying the flat. Further, as per last AGM, by the parent society, held in 2012 fin. year end, there was excess balance of Rs.20,400/- shown against the construction cost paid by us. Further more, I do not have any letters/ records shown by any committee/s member/s proving/seeking outstandings from year 2005, on the contrary have proof that there is above excess which are audited.
7. Subsequently, I requested current committee, of the newly formed bifurcated society, for adjustments against the excess as per the records available with the parent society.
8. However, was asked verbally to pay the arrears first and the refund would be given later, which were at about the same as the excess claimed by me then.
9. Since Aug 2014, the committee of bifurcated society circulated statement of maintenance since year 2005. However, since we bought the flat, in 2009, no acknowledgements or receipts were ever issued against monthly maintenance, rather a notebook was maintained by one of the members authorized to collect for this 16 flat building for basic upkeeping, and we did as per that book for16 flats.
10. On pressing and writing multiple letters seeking records and clarifications on the demands, the managing committee has asked us to have the ‘Will’ probated. On the contrary, transferred two flat of two other deceased, which had no nominations or will, without any AGM or special meetings and minimum documentation.
11. On further perusing the society bye-laws copy, it is found that there are proxy signatures of me in it.
12. Now the current committee has successfully caused delays by going round in their reverts and not provided any documentary evidence sought by me, and due to non settlement of maintenance, calling me willful defaulter have cancelled my membership, filed police complaint against my senior citizen father for constant follow ups made by him, created pseudo issues against me, even mentioned in one of the letter to my father that I am secretly following up with them for want of 100% shares in my name.
13. I have made complain to the registrar, however, there is no revert and as per a clear statement of the secretary, the registrar is in their pocket. In the recent elections, I was disallowed voting rights, despite pointing out to the facilitator from registrar office, on how a member with ‘late’ in prefix (in my mother’s name) can be part of voters list? I have also an acknowledgement copy of the complaint made with the facilitator.
14. My father has no objection on whoever has the flat between me and him, since I am his only child (What we are only seeking is a clear title, with 50% mother share to my father’s name), however, with such bias and vengeful attitude of the committee, we are not getting anywhere.
15. The name on the building board displayed is mine, the maintenance bills received are some in name of my father (without transfer of shares), then some without names and now after seeking clarification, issued in the name of my late mother from the last couple of months.
16. Apart from illegally cutting trees in the society, puncturing tires on visitors parked vehicles, my father and I have been harassed with above by the current managing committee. And, openly remarks are made by the committee to go to previous committee of parent society for documents, as they do not have any all the records or go to court and file a complaint.