Dues not cleared
Society : Siddesh Sundar Nagar CHS - Kalina Correspondence Address ( Chairman ) : Mr Parkash Kumar, 2 nd Floor, Aurondaya Society, Manipada , Behind Kalina Education Society, Hans Bhugra High School,Kalina,Santacruz East , Mumbai - 400098 Location : Santacruz East Mumbai No of Members : 14 Building demolished in :2010 Developer : RNA Possession period : 36 months from the date pf agreement Status as on Jan 2017 : Only 3 storied constructed - RNA Address ( Kalina ) Response to letters from society to builder : None Taking into consideration all the above, I have guided the society as a professional offering various services ( listed below ) due to which the following has resulted and they are in a better emotional & financial condition post Oct 25 th 2016 Litigation : Case filed in High court : Sept-Oct 2016 Grievance : Non payments of monthly rentals / lack of timely delivery / chq bouncing Status as on 25 th Oct 2016 : Over due rentals paid / Bank Guarantee to be renewed / Monthly rentals to be paid every 10 th of month Scope of work ( delivered ) - March 2016 - Sept 2016 all on personal expense and investment of time Study and identify the loop-holes in the Development agreement and Individual Agreement with the developer Create a summary and aprise the members of their rights and limitation Reach out to bodies like MHADA / MCGM / Credai to seek and obtain guidance + report the abnormalities Reach out to RTI activist and represent the case of the society Reach out to Media ( Times Network )and highlight the plight of the redevelopment stage and false assurance made to the society Reaching out to the local police station and discussing the issue Reaching out to the local authorities and seeking guidance Connecting with the EOW to file a complaint Drafting mails / letters / corresponding on day to day basis with all the above Identifying lawyers / solicitors for filing a case (based on the financial capacity of the society ) ...evaluating options by personal visits and discussions Modifying the draft / prayers / plaint and making it water tight in the benefit of the society with timelines and penalties Assuring them the right guidance and hence speedy justice Keeping the Managing committee informed on the weekly progress on the above and witness to all the meetings held and letters / emails sent on behalf of the society Offering immediate solutions for trivial issues between society members Connecting the members with grieved buyers of the same project suffering due to lack of performance / delivery Thus creating a fool proof strategy for a society in lurch and act / implement / channelize efforts exhibiting results in flat 7 months The society was offered a bill for all the services rendered in on 18 th Sept 2016.They mentioned having a GM to discuss and pay the dues since they acknowledged the efforts / services / speed of response. On receiving a positive outcome from the court ( on 25 th Sept 2016 ), I shared the chqs ( monthly rentals ) collected in the court from the builder ...mailed it to all the members. Unfortunately post this they started ignoring calls and reminders for my payment.Till 19 th Dec and after a lot of persuasion, they did not have any intention of calling for a meet and discuss this issue. Somehow they also had issue with some other arrears ( from the builder to be collected ) and hence called for a meet and myself to address the dues they owe me.They started negotiating and finally mentioned in the minutes of the meeting that all members ( 14 in nos ) should pay Rs 10,500 /- per flat to me ...within a week ( which is by 27 th of Dec 2016 ) via NEFT ( details I had shared ) or deposit a chq with the Chairman. Its been a month now but they have not worked towards it.Complete lethargy or lack of response from their side. I am sure that they are just ignoring it time and again inspite of capturing the decision in the General Body Meeting on 19 th of Dec 2016 ( copy attached below duly signed by the Secretary & Chairman ).Nor that they have any shortage of funds at this point of time or are casting any excuse to that extent. I request you to pls guide me in such a case and I am sure this is just a simple matter but will require opting for a legal route ( a notice to begin with referinmg a possible action and timeline for clearing the dues ) as repeated mails and reminder have failed so far.I am still patient as I do not wish to spoil relations with them. However there is formal complaint made to the Registrar of Society ( MHADA - Bandra East 1 st Floor ) which includes informing them about cash dealings above Rs 4500 /- ( against the law of CHS ) and Society Audit not conducted for the last 6 years. The complaint also mentions the overdue amount they owe me.
Sir, you must institute a suit for non-performance of contract from my understanding of your case. When you agree to provide services/investment etc the money you receive is called the consideration essential for a contract. you can invoke sections of the contract act r/w provisions from the specific relief act to institute your civil proceedings.
Sir, a contract can also be oral in nature. The record of their promises ( through the minutes) can be used as evidence in the court of law to prove your allegations. Though no document is present, owing to the goodwill and promise of the comany you have invested money, however they have decieved you. Thus you have evidence to prove cheating and fraud.
One suggested way is to send them a legal notice of your intention regarding filing charges under various statues of civil and criminal in nature. If they dont respond then visit a lawyer to institute proceedings.
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