1
Application form for seeking information under ,
’The Right to Information Act ,2005.”
To,
Public Information Officer, Deputy Registrar Shahaji M. Patil, R-ward
Registrar of Cooperative Housing societies,
MMRDA bldg, above RTO office ,Wadala Truck Terminal, Wadala, Mumbai .
I hereby request you to provide following information under Rights to Information Act, 2005 in respect of your center.
1)Full name of applicant / Pallavi K. Shah w/o Kamal M.Shah ( p.o.a )2)Address / 601/ Bhimsen chs, Vishal Nagar, Marve road, Malad-west.
Mumbai -400064
3) particulars of information required :
subject matter of information / 1)Clarification on many issues related in the matter of Barkha Bahaar chs, Thakur complex, Kandivli-east Mumbai -400101R-ward2)Certified copies of various documents .
the period to which the information relates: / Yearly details from January 2001 to June 2009
description of the information required : / 1)Barkha Bahaar Cooperative housing society got registered in the year 99/2000 i.e. February 2000 and hence Maharashtra Cooperative Societies act 1960 became effective from the date of Registration.
2)A non-member impersonated as Chairman of the society from 2000 onwards which was not declared to the members till 2006 untill we got the information from BMC and the builder M/S Dattani Foundation .
3)The members were never given the certified list of members for every preceding year and hence was truth was deliberately curtained and mystery remains till today .
4)The monthly outgoing for the shops was decided as Rs. 4/-per square ft inclusive of BMC property tax and maintenance charges .
5)The monthly outgoing for our Shop no.1 was calculated at Rs. 1360 per month ( 340 sq ft bua x Rs. 4 per sq.ft ) including BMC property tax and maintenance charges .
6)The statement of account submitted to the divisional Joint Registrar as on 15th February 2008 is attached for your reference .We have calculated the BMC tax from the month of registration of the society i.e. November 1999 but as per the reply submitted by BMC under RTI act 2005 on our shop was assessed in April 2001 and hence the property tax payable by us is effective from April 2001 ( copy enclosed ).
7)The society issued irregular bills without any break-up inspite of demanding the same several times and as per the provisions under MCS act 1960 thereby not following the set procedures of MCS act 1960.
8)Our monthly outgoings is Rs. 1360 per sq.ft and accordingly Rs. 16200 per year and hence Rs. 1,53,680 ( Rupees One lakh fifty three thousand six hundred eighty onl y) till June 2009 .
We have paid as per the following :
- Rs. 50000
- Rs. 70000 to the society which is inclusive of advance payment to the society .
- As per the common system adopted by most societies the contribution of property tax which are the fixed charges as per the bills issued twice in a year to the society by the BMC and collected from members should be mandatorily and with responsibility be paid by the society to the BMC without diverting such contribution towards any other cause.
- and earlier in 2005 )and to the members to accept and pay the individual payments we had been paying our share of Property tax directly to the BMC from the year 2007/08 , 2008 /09, 2009 /2010 and have paid the tax till April 2010 ( as per the copies already submitted to your office on 18/07/2009 ).
- So the question of defaulter does not arise . Instead we would like to pay the property tax for next five years in advance directly to BMC , if BMC comes out with some good schemes .
- It was the alertness of members including us who as soon as came to know about the misdeeds demanded justification and when the society failed to justify the members came to your office for the information and intervention . It was us who lodged the complaint first to your office on 26/11/2006 and accordingly the alleged accused fraudsters panicked and started threatening us and other members .
- Your office sent several notices to the society and demanded clarification and was asked to give supportive documents .Surprisingly the society turned a blind eye to your notices as if it has no legal value and never bothered to reply and accordingly no required information was given to us from your office .
11)The whole gang was fooling the innocent members which comprised of Senior Citizens, illiterate but honest members, helpless women by sending illegitimate and inflated bills .
12)The AGM was never conducted on regular basis, the accounts were always in a mess and the figures shown in the irregular balance sheets were just an act of formality by misguiding the members .The members said that the gang has not implemented any of the sections of the MCS act 1960 and thereby making mockery of the act .A non-member impersonated as chairman of the society since Oct 2001 and withdrew lakhs of rupees from society’s bank accounts . We had lodged the complaint to deputy registrar .What action has been taken against the impersonator and the society ?
13)We had also sought the same clarification from the society. Society failed to reply and justify .
14)Rajive Bafna has diverted lakhs of Rupees to his company named Rani Industries in the period 2002 to 2005 .
15)Rajive Bafna has also diverted lakhs of Rupees to Barkha Bahaar Cooperative credit society in which he was a chairman and Mr. Gunwant Mehta was a secretary. Surendrakumat Seth, Rakesh Tewari , Diwakar Shetty and other being made committee members .
16)The whole gang acted in conspiracy punishable under 420 and section 387 of Indian Penal Code . The credit society was deliberately made defunct after withdrawing lakhs of rupees and diverting into their personal accounts. Mr.. Digamber Helode has been appointed as the official liquidator.
17)We have given the proof of 4 farmplots purchased by Rajive Bafna and Gunwant Mehta in joint names at Palghar . Why no action has been taken by attaching the properties of the gang to recover and repay the innocent depositors .
18)Whether a member should pay any unjustified demanded amount from an impersonating chairman who is not even a member of the society .
19)Whether statutory audit is mandatory for a cooperative housing society ?.
20)Whether the society has regularly provided the yearly audited balance sheet to the office of deputy registrar within 45 days as per provisions under MCS act 1960 and Rules 1961
21)Does a housing society which is not government aided come under the purview of Registrar of Cooperative housing societies ?
22)What action have you taken against the society inspite of the society failing to furnish the details to your following notices sent to the society ?
- 1) 4/1/2007 2) 15/1/2007 3) 488 of March 2007
- 4) 668/58/07 dated 15/03/2007 5) 1355/2007 dated 04/06/2007
- 6) 1769 / 2007 dated 11/06/2007
- 7) 2750/2007/ Dated5/11/2007 8) 21/02/2008.
24)Clarification with regards to false procedure adopted in preparing backdated papers showing false elections :
Whether a member of the committee can be appointed as a returning officer . As Mr. Kulbhusghan Sharma represented himself as the member of thefunctioning committee , and so not eligible of getting appointed as returning officer and the society did not followed the process of forwarding the copy of letter of appointment of the returning officer to the deputy registrar .
The copy of nomination forms as well as the designation for the posts of the committee was not provided .
As per the communication dated 22/8/2007 informing the Deputy Registrar of the constitution of the committee, the society has faked the letter to inform the Registrar which is without acknowledgement .
The indemnity bonds as submitted by the members are not proper as it has not been witnessed by the secretary of the society and also the seal is missing . The signature of one member Mr. Divakar Shetty is faked .
As per page 27 , the outgoing chairman Mr. Gunwant Mehta has informed the new chairman to take charge alongwith bank account also For your kind information, Rajive Bafna and Gunwant Mehta has never removed their names from the bank accounts till 22nd April 2009 and has been signing the cheques since 2001 till 22nd April 2009 .Mr. Hemant Madhkholkar was never given nor taken the charge of the society as a secretary . Also the flat no. A/64 is registered in the name of Neha Madkholkar and not Hemant Madkholkar .
25) In the writ petition by the society stamp 26358 /08 , the
attached copy of letter dated 07/02/2008 to Div. Joint Registrar,
the signature of the members are of 19/02/2008 .So how can the
members who have signed the letter on 19/02/2008 submit a
letter to the Div. Joint Registrar on 07/02/2008.
26)Society has not repaid to the members the sum of Rs. 8,25,000 (
rupees eight lacs twenty five thousand only ) received from
Dattani Builders in the year 2006 which they had taken in excess
from the members earlier.
27) The society has not shown income in the books of accounts earned through transfer of flats which is more than Rs. 5-8 lacs rupees.We doubt that the money is siphoned through a ghost account opened and operated undisclosed to members of the society
28)As per the rules under Chapter VIII and Chapter VII of
Maharashtra Cooperative society Act , please provide evidence
of authorizing/empanelment of the auditor M/s D.C.SURANA
and associates to audit the accounts of the society .
Under which sectionis Barkha Bahaar cooperative housing society covered for audit
sec.81 ( 1 ) a
sec.81 (1 ) b
Rule 69 ( 1)
Rule 74
Any other section.
please provide :
certified copies of Form 27 which relates to the Audit Memorandum
Certified copies of Register of members of every year ( Form ‘I’ ) sec.38, rule 32 ( As per section 79 and rule 65 )
Certified copies of resolutions passed since the year 2000.
Certified copies of minutes of all meetings of the managing committee and the general body since the year 2001.
Certified copies of List of Members ( Form’J’) –Sec.39, Rule 33
Certified copies of Register of Shares
29)Whether the society has adhered in submitting the balance sheet to
the deputy registrar every year as per the law ?
As per the report submitted by S.N. SALUNKHE, investigating
officer appointed by Depy Registrar, Prabhakar Ahire, R-ward on
we have found the following discrepancies in the report .
30) Referring to the Part –I of the investigation report of Mr.S.N. SALUNKE , Grade –I officer , Mr. Jayesh Mehta was elected as chairman in 2001 but was actually managed by impersonator Mr. Gunwant Mehta who was not even the member of the society .
Please justify the following queries :
What does the byelaw say regarding a non-member who impersonates as Chairman of the society ? Is it an offence ? Is impersonation officially allowed ? Should the managing committee be considered legal with a non-member impersonating as a chairman ? Should a citizen give to demand made by any impersonator who is a Chairman or a Secretary of the society . Why the whole committee including the secretary should not be held responsible who inspite of knowing that Mr. Jayesh Mehta was selcted as Chairman but his father who was a non-member impersonated him as chairman and sent notices to members, signed important documents , communicated with government departments and other authorities , presented himself as chairman in bank and signed various cheques .
Why any action taken or resolution passed by such impersonator either singly or alongwith any other office bearer should not be considered illegal and hence null and void ?.
Why action of recovery should not be initiated against such impersonator and any person supporting the impersonator ?.
31) Further referring to Para 2 , Society claimed that they have
sent the bills with signature .
I deny that we have received any bills .So ,Please instruct the society to issue me certified copies of all bills since the date of formation of society alongwith the certified copy of statement of accounts of all previous as well as present ( as claimed ) office bearers .
32)Referring to para 3 , we demanded the inspection of accounts and raised some queries in the first Annual General Meeting held on 14/10/2001 .
There was nothing wrong in the legitimate demand for the year already closed on 31/03/2001 much before the date of 1st AGM and the accounts should have been finalized by 25/05/2001 as per the byelaw .
Also the final list of the committee members alongwith their designations is not submitted to the members which means the committee was not duly constituted and there is no mention of the election procedure and records .
The signature of the members is of attending the AGM and not the approval of minutes which was attached later on .
33)Again referring to Para 3 ( repeat ) regarding water connection to our shop having attached toilet and bathroom .
First the society gave each and every member an option to get the water connection by paying Rs. 2000 per premises .Since our shop remained closed we did not opt for water connection and when we approached the society for water connection, the society refused to give us water connection . So the question of charging for water supply does not arise and the same was confirmed by all members in the AGM on 12/08/2007 .
It would not be appropriate to charge a member who is being deprived of such facility which comes under essential services act and is a very serious offence committed by the society .
34)Referring to para 4 regarding the record of the annual general meetings : A/C Year 2002-03 ------AGM held on 16/02/2003
How can a society conduct an A.G.M 45 days before the close of the financial year ?
Actually the 2ND AGM held on 16/02/2003 was for the accounting year ending 31.03.2002 and not 31.03.2003 vide their notice dated 28.01.2003 which is a clear violation of Sec.75 of MCS act and also rule 61 and rule 62 failing to prepare statement of accounts within 45 days of close of accounting year .
We seek explanation from your office for such delay from the society for calling an AGM called 6 months later from the cut-off date i.e. 14 th August and the penal action against the society as per provisions under MCS act 1960 .
Further in the balance sheet of accounting year ending March 2003 as made available to us by another member Rs. 70000 was shown as investment in Barkha Bahaar Cooperative credit society of which Mr. Rajive Bafna was the chairman ( Secretary of Barkha Bahaar chooperative housing society ) and Mr. Gunwant Mehta was the secretary ( impersonating chairman and a non-member of Barkha Bahaaar cooperative housing society ) having office at B/12 , Barkha Bahaaar cooperative housing society , Thakur complex, Kandivli-east. Mumbai and the interest of Rs. 6300 was accrued upon the investment .
The investment of funds was done against the section 70 of MCS act 1960 .
The money has not been deposited back into the society’s account and hence the society be instructed to recover Rs. 70000 plus interest plus penal interest from the defaulting office bearers from the date of Investment .
The balance sheet was signed by Mrs Pushpa Bhavnani as treasurer and Mr. Rakesh Tewari as the committee member , Mr. Gunwant Mehta as the chairman , Rajive Bafna as the secretary .
Society has not created the sinking fund and the repair fund and instead directly withdrawn money showing repair expenses .
35)A/C Year 2003-04 ------AGM held on 30/05/2004
Again the 3rd AGM was called upon by notice dated 15.04.2004 to be held on 30/05/2004 actually for the accounting year ended 31/03/2003 and not 31/03/2004 i.e. 9 months delay from the cut-off date .
The sum receivable from DATTANI BUILDERS got reduced from Rs. 78000 to Rs. 48890 but the members are not aware of any receipt of the difference amount.
The balance sheet was signed by Mr. Surendrakumar Seth as treasurer and Mr. Kulbhushan as the committee member , Mr. Gunwant Mehta as the chairman , Rajive Bafna as the secretary and audited on 30/12/2003 which is a serious violation of various sections of MCS act 1960
36)A/C Year 2004-2005 ------THE BALANCE SHEET showed audited ON 18/07/2005 AND GIVEN TO MEMBERS ON 26/11/2006
There was no AGM in the year 2004-2005 and hence the report is showing false information .
A/C Year 2005-2006 ------The AGM was called on 26/11/2006 vide notice dated 17/11/2006 .
The members were given the balance sheet of accounting year ending 31.03.2005 and 31.03.2006 on 26.11.2006 as there was no AGM in the year 2004-2005 .
37)Balance sheet of accounting year 2004-2005 was shown audited on 18/07/2005 so it again falsifies the report of the investigating officer that the AGM was held on 29.05.2005 .
The balance was signed by unknown persons because the signature of impersonating chairman and the secretary differs from the signatures on other balance sheet . Mr. Kulbhushan has been shown signed as the committee member .
Society has shown an investment in fixed deposit in MDCC Bank of Rs. 65000 which was withdrawn in November 2005 but was still shown as invested as on 31.03.2006
Again the amount receivable from Dattani builders got reduced to Rs. 25000 from Rs. 48890 . So the amount to be claimed from Dattani builders was just Rs. 25000 as on 31.03.2005 as per the details available in the balance sheet without receipt of any amount from Dattani foundation.
Refering to the reserve and surplus head under liabilities , the whole income and expenditure account is shown in the reserve and surplus side .( amount Rs. 52721.25 ) What is that ?
Sinking fund which is mandatory was never been created by the society and instead a common amenity fund was created with balance of Rs. 15000
The income and expenditure account is completely bogus with so much of huge difference from previous years . The expense of books and periodicals, garden expenses , printing and stationery expenses are also bogus and are actually the expenses incurred by SEWA BHAVI CHARITABLE TRUST, BARKHA BAHAAR COOPERATIVE CREDIT SOCIETY which belongs to Rajive Bafna, gunwant Mehta, rakesh tewari, surendrakumar seth and others and thus the money was siphoned in such manner .