Welcome to Moneylife Foundation’s

LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.

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Our panel of experts and resources are free and can be availed of anyone. Please click on Ask Question and send your query. Our Experts will provide basic guidance in due course.
You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.
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Disclaimer: The information posted on any page of this website is just a basic guidance and NOT professional tax advice.
OUR EXPERTS

Shirish Shanbhag

An MSc in Organic Chemistry and Diploma in Higher Education and Diploma in French. As a junior college teacher, he taught theory and practical in chemistry, to students in 11th and 12th standard at Patkar College from July 1980 to May 2012. After his retirement in May 2012, he started providing guidance to people on several issues. It includes, career guidance, Cooperative Housing Societies' legal paper works, Right to Information (RTI), Lokayukta, Ombudsman complaints, Marriage Registration,

Bapoo Malcolm

Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Ashok Kargutkar

Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy

AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar

Abhay Datar is a consumer activist and is also Member of the Managing Committee of Mumbai Grahak Panchayat (MGP). He was Treasurer at MGP for over two and a half years. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of MGP in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related to mobile and mediclaim. Mr Data

Shailesh Gandhi

Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni

Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri

An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale

Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal

Trustee - Moneylife Foundation

Dear Sir,
I purchased a shop last year in Andheri East, Mumbai and the registration was done on May 7, 2019

• The Society issued me a NOC on September 28, 2019.
• AGM approved the transfer of the same on 29th September 2019.
• I requested for issuance of the Share Certificate on November 1st, 2019.
• Society started raising monthly bills and all the dues have been paid timely by us.
• Sent reminder for issue of Share Certificate but no reply from the Secretary/Chairman.
• Finally, I sent a notice to Society that if the Share certificate is not issued, I will go to the Honorable Deputy Registrar Office and invoke Bye Law 173A(ii) to issue the Share Certificate.
• After I sent this Notice, I finally received the Share certificate after 150 days from the AGM, after rigorous follow up and paying all dues timely.

They kept on delaying the issue of share certificate and didn’t reply even once to my mails.
The Managing Committee was trying to harass me intentionally by delaying the issue of the Share Certificate, since I had raised the issue of using Society funds for cultural events in the AGM, which was objected by the Auditor also. It is very clear that the Office Bearers intentionally delayed the issue of Share Certificates and did not reply to my several mails in this regards.

Under which Byelaw, they delayed the issue of the Share Certificate for a member who is promptly paying all dues?

Query: Request you to kindly advise if (and how) I can takeup this intentional delay in issue of Share Certificate with the higher authorities, as I feel this is against the rights of CHS members and it tantamount to deficiency of service.

Warm Regards
 CHS, property-related issues
Comments
Subject: Query regarding
1. Establishing / authorising Badminton Court in the Open Space in the Society Premises within the purview of the provision of Byelaw 168
2. Implementing a decision only if the polling result is passed UNANIMOUSLY or with MAJORITY


Most Respected Sir,
We have two queries. The queries are as follows:

1. MC (Managing Committee) created a Badminton court couple of years back for Sports day, though MC never took the resolution to earmark open area for badminton Court in the AGM within the purview of the provision of Byelaw 168 of the Society. Hence, the Agenda to earmark space for badminton court was never tabled in front of the General body under the purview of the provision of Byelaw 168.
In 2018, the AGM though passed a resolution that badminton can be played till 10:30 pm (earlier there was no time limit and this resolution capped the time to play badminton till 10:30pm). The same AGM also rejected one of the resolutions, which involved turfing the badminton court. Turfing of the badminton Court was rejected once again in the last AGM in 2019 again.

Query: Do we need to call SGBM to discuss this afresh especially keeping in mind that General body passed a resolution to Cap the time and also rejected twice the proposal to turf the Badminton Court (indirect reference that the area has been approved/authorised for Badminton court)? Or Can we infer that the General Body has approved playing badminton, in the open space.

2. Now, one of the MC member wants to shut the badminton court permanently (or put a time limit of 8:30pm, whereas the AGM had passed a resolution to cap it at 10:30pm). He is insisting that this badminton court is illegal and desires to call a SGBM to discuss afresh and decide in principle if certain Outdoor Sports Facilities namely Badminton court should be authorised in the Open Space in the Society Premises within the purview of the provision of Bye Law 5 and Byelaw 168 of the Society. He has written a complaint to the Managing committee in the capacity of a member of CHS and also few of his friends (5-6) have written a complaint that they get disturbed by the Sports. The above MC member is claiming that this needs to be passed UNANIMOUSLY and it cannot be implemented if the decision is not unanimous (even if decision is passed with majority). He says even if few members (minority) oppose this, it can-not be implemented, since they don't want this sport activity (Hence they want this to be unanimous and not with majority)

Query Do we need to pass the decision unanimously or is it OK to pass it with majority? Can the resolution be implemented, if it is passed with majority only OR IT NEEDS TO BE PASSED UNANIMOUSLY?

We are requesting you to guide us on the above.
 CHS, property-related issues
Comments
View Our Experts
Our Experts

Shirish Shanbhag An MSc in Organic Chemistry and Diploma in Higher Education and Diploma in French. As a junior college teacher, he taught theory and practical in chemistry, to students in 11th and 12th standard at Patkar College from July 1980 to May 2012. After his retirement in May 2012, he started providing guidance to people on several issues. It includes, career guidance, Cooperative Housing Societies' legal paper works, Right to Information (RTI), Lokayukta, Ombudsman complaints, Marriage Registration,

Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar Abhay Datar is a consumer activist and is also Member of the Managing Committee of Mumbai Grahak Panchayat (MGP). He was Treasurer at MGP for over two and a half years. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of MGP in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related to mobile and mediclaim. Mr Data

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal Trustee - Moneylife Foundation

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