Harrassment by the secretary of society.

2 years ago

In April 2014, we started the reconstruction of our house which was completed in December 2014. Till completion, no objection was raised by the Society Committee.

In late December 2014, the society issued a notice to me alleging additional construction. We replied to the notice. We shifted to the new house in May 2015 after finishing the interior work. In September 2016, a case was suddenly registered by the society alleging additional construction at the Board of Nominees, Vadodara.

The matter has been going on since then. In this regard, the following is presented:

1. There are no elections and no meetings in the society. No information is given to any member regarding the transactions of the Society.

2. I had filed an RTI with the District Registrar (Co. Housing Society), Vadodara seeking various information. But reply was given that we should collect this information from the President of our society under section-33 of Gujarat Co-operative Society. Societies Act.

3. Then I sent a letter dated 14.08.2017 to the then President by Registered A.D. but got no reply. After this Reminder-1 (21.9.2017), Reminder-2 (23.10.2017), Reminder-3 (07.11.2017) and Reminder-4 (31.3.2018) were sent by registered AD. but no reply received.

4. Our condition is that neither the district. Registrar, Housing Societies, Vadodara nor the President/Secretary of our Society is giving necessary information to us and depriving us of our legitimate right to information.

5. On page no. 3 (September 2016) in the case against us, it is mentioned that no member of the society does any construction or alteration without NOC or prior permission.

6. But soon thereafter two circulars dated 18.02.2017 and 7.3.2017 were issued to each member of the society under the signatures of the then President and the then Secretary, in which it was stated that “Each member has encroached the inner road of the society.”, “Additional construction done by each member on the main road” And "the extra space each member occupies other than the inner road", which is very contradictory and surprising. But no action has been taken against any other member.

6. On 03.06.2018 each house of the society was got measured by the new President and each member was given a report of each house. As per the report, 24 out of the total 25 houses have occupied the extra space for 40-50 years, but no action is taken against them except on us. New President was not given/shown any documents and both Ex. President and Secretary keep everything with them, for which he also complained to Dist. Registrar.

7. No action has been taken against any member of the society for more than 40/50 years encroachment even though our house was built in 2015 itself.

8. Illegal beauty parlor is running in the society in a house but no action is taken.

9. The gate of a house of a neighboring society opens illegally in our society but no action is taken.

10. The entire functioning of the Society is done illegally and none of the bye-laws are followed.

11. I sent RPAD letter dated 07.10.2021 to the present Secretary but no response was received. Thereafter, Reminder-1 dated 06.12.2021 was sent by RPAD but no reply was received. As per the RTI reply received by me, from District Registrar (Co.Housing Society), Vadodara, his 5 year tenure as Secretary has already ended on 11.6.2021 but he is acting illegally. Also he is illegally signing various documents as President of the society, while as per Tharao No. 1 dated 27.03.2018, new President is somebody else. Due to my continuous follow up the then President and the Secretary submitted Audit report of the society in 2017 (from 2004 to 2017) which I obtained through RTI. Both of them signed the report as President and Secretary whereas the President was holding the post of Secretary and President was somebody else till 12.6.2016 and he was Secretary till 12.6.2016. Also person who has signed as Secretary from 01.04.2016 did not hold any post till 12.6.2016 and became Secretary only on 12.6.2016 which ended on 11.6.2021.

Audit report was not approved in AGM, not circulated to any member. I have obtained through RTI. It states that society is running in loss still they are incurring expenditure, I do not know wherefrom, on an unnecessary case. The attached list in the audit report does not show the name of Treasurer (!).

12. Objections were also taken on us on the plantation done by us next to the wall of our house, which was not obstructing anyone in the society, and the Secretary and another member complaint against us and introduced themselves as President and Committee member respectively in a written complaint which is completely illegal as he does not hold the office of President and illegally signs (I have obtained copies of the same from Police Station through RTI). Both gave wrong statement at police station and gave various threats to me & my wife there. While all the other members including these two have planted different types of trees near their respective houses which are obstructing the main road but no action is taken against them.

13. I have told the President and Secretary of the society many times, both verbally and in writing, that action is taken against us only because we belong to minority community and we are discriminated, but no one answers.

IN SHORT, EVERYTHING IS ILLEGALY CARRIED OUT BY THE ILLEGAL SECRETARY IN THE SOCIETY.

14. My entire family, including my son and daughter who are pursuing higher education in college, are facing a great deal of mental torture due to this harassment of many years.

15. My mother, who was living with us suffered a lot due to this harassment and eventually died on 17.07.2019.

It is clear from above that being a minority, we are being harassed for so many years and no one is giving us justice. There are many documents but cannot be given here due to very large size. This is a brief description of history as it is not possible to describe the whole saga in limited space.

Kindly see and advise.