Saturday, 22 September 2012

Redressal of Application OR compliant of Members –


 Redressal of Application OR compliant of Members

A member can submit application or explanatory written complaint to any member of the office bearer. Take the acknowledgement of the same by the member of the Office bearer. After receiving the complain the committee will take decision on it in its immediate meeting and thereafter that decision will be communicated to the concerned member within 15 days.

If the concerned member was not satisfied on the decision communicated by the committee, or No contact was made by the committee within 15 days in this regard, then the member can contact to the complaint redressal committee formed by the Annual General Body Meeting.

 3 Member’s Redressal Committee Structure:-
1.   Chairman/ Secretary of Managing Committee.
2.   One Woman Member of Society [Owner of Flat].
3.      One Person Appoint by General Body  [It may be Housing Society Consultant/Advocate or any other person having knowledge of Co-Operative Laws] 

If a  member is not satisfied with composition and powers of such committee, then the complainant member  can  contact the  following  authorised  officers  as  per  nature  of  the Complaint.

A-Registrar of Co-Operative Society

Matters Pertaining to following issues:-

1.      Registration of Society on misrepresentation
2.      Non-issuance of the Share Certificates.
3.      Refusal of Membership.
4.      No registration of nomination by the society.
5.       Non Occupancy charges.
6.      Demand of excess premium for transfers.
7.      Non supply of copies of the record and documents.
8.      Tampering, suppression and destruction of the records of the Society.
9.      Non  acceptance  of  the  cheques  or  any  other  correspondence  by  the committee.
10.   Non maintenance or incomplete maintenance of records and books of the society.
11.   Non preparation of the annual accounts/reports, within the prescribed period;
12.   Misappropriation/Misapplication of the funds of the society.
13.   Defaulter/Disqualified Member on the Committee
14.   Investment of funds without prior permission.
15.   Reconciliation of account.
16.   Audit
17.   Non conducting of election before expiry of the term of the committee.
18.   Rejection of Nomination.
19.   Non calling of general body meeting within prescribed period.
20.   Not calling of Managing Committee as prescribed in laws.
21.   Resignation of the committee.
22.   Any other, like matters which falls within jurisdiction of the Registrar.



B. Co-operative Court

If following types of dispute arises between member/ members and/ or member of the society which falls under Section 91 of the MCS Act 1960 such as

Dispute pertaining to:-

1.      Resolutions of the Managing Committee and General Body Meeting.
2.      The elections of   the   Managing Committee, except the   rejection of nominations, as provided under section 152-A of the MCS Act, 1960.
3.       Repairs, including major repairs, internal repairs, leakages.
4.      Parking.
5.      Allotment of Plot/ flats.
6.      Escalation of construction cost.
7.      Appointment of Developer, contractor, architect,
8.      Unequal water supply.
9.      Excess recovery of dues from the members.
10.   Any other, like disputes which falls within the jurisdiction of Co-operative court.


   C. Civil Court


Dispute pertaining to:-

1.    Non-compliance  of  the  terms  and  conditions  of  the  agreement,  by  and between the  Builder/ Developer.
2.    Substandard constructions.
3.    Conveyance Deed /Purchase Deed. (Transfer of Property)
4.    Escalation of construction cost.
5.    Any other, like disputes which fall within jurisdiction of the civil court.



D.  Municipal Corporation/ Local authority

Dispute pertaining to:-

1.    Unauthorized constructions/Addition/Alterations, made by the builder/Member/ occupant of the flat.
2.    Inadequate water supply to the society.
3.    Change of use by the Member/ occupants
4.    Building’s Structural Problems.
5.    Any other subject falls under jurisdiction of Municipal Corporation / local authority.


E. Police

Dispute pertaining to:-


1.    Nuisance carried by the unauthorized use of the flat, shop, parking space, open space in the society by the members, builders, occupants or any other person.
2.    Threatening/Assault by or to the members of the society.
3.    Any other subject falls under the jurisdiction of the Police.


F.  General Body Meeting

Dispute pertaining to:-


1.    Non maintenance of the Property of society by the Managing Committee.
2.    Non display of Board of the name of the society.
3.    Levy of excess fine, by the Managing Committee for act of the member which is in violation of the bye laws.
4.    Managing Committee’s opposition for legal utilization of available open space.
5.    Non issuing the property of the society by the managing committee.
6.    Appointment of the architect.
7.    Any other subject in the jurisdiction of general body meeting.



G. Housing Federation

Dispute pertaining to:-

a)    Denial of entry to the Secretary of the society by the members.
b)    Non acceptance of any communication by the Member/ Managing Committee
c)    Convening Special  General Meeting provided under    bye- law No. 97 and
Managing Committee meeting provided under the bye law No. 133.
d)     Any other matters.














Wednesday, 5 September 2012

GR REGARDING DECLARATION OF HOUSING SOCIETIES CHAIRMAN & SECRETARY AS BOOTH LEVEL VOLUNTEERS FOR ELECTION

 chairman and secretary of housing societies is declare Booth level volunteers which helps Election Commission for Election work , Preparing & updating Photo voter list etc. GR is as follow 



Friday, 31 August 2012

AGREEMENT CUM AFFIDAVIT FOR PAYMENT OF VAT


SPECIMEN AGREEMENT CUM AFFIDAVIT
To be submitted on a Rs. 100 non Judicial Stamp paper and duly Before Me Notarize by a Notary Public with Notarial Stamp of Rs.25/-

AGREEMENT CUM AFFIDAVIT
[DELETE whichever is not applicable]
I/We_____________________________ son/daughter /wife of______________________ resident of _______________________________ . Party of the First Part- BUYER.

I/WE __________ Partner of M/S _______ BUILDER/DEVELOPER having Reg. Office address at ___________. Constructed the ____________ Co-Operative Housing Society. Party of the Second Part- SELLER

WE do solemnly declare and affirm as follows.

1.      That Mr./MRS.  _________  are  the Owner of the Flat/Shop/Garage  No._____________  on the _____ Floor in the ____________ Co-Operative Housing Society having address __________________ and is Register under MCS ACT 1960 having Reg. No._____________ dtd. _______.[now onwards referred as “Said Property”]

2.      Mr./MRS  __________ purchase the above Property from M/S ____________ Builder/ Developer on _______ duly Reg. Agreement executed between us having Reg. No. _______ dtd. ______ register at SRO Office _______


3.      As per Builder CA Latter which is attach here with for reference. As per all 3 Scheme/Method which is given in the VAT Circular dtd 06/08/2012 the VAT amount for the above Property is shown in the said latter Mr./MRS ____________  pay the VAT Amount as per Option No. ___________ [fill the any 1 of the 3 option given in the circular which is having minimum amount] that VAT Amount is as per this options is RS. ________  .

                                             OR

 As per Builder CA Latter which is attach here with for reference. As per all 3 Scheme/Method which is given in the VAT Circular dtd 06/08/2012 the VAT amount for the above Property is shown in the said latter Mr./MRS ____________  pay the VAT Amount as per Option No. ___________ [fill the any 1 of the 3 option given in the circular which is having minimum amount] that VAT Amount is as per this options is RS. ________  . Out of which the RS. ______ is already paid  to builder in advance by way of  other expense/charges such as Society formation charges , Conveyance Deed Charges , Electricity Charges & Deposit Charges . So now RS._______  -   RS. ________ = RS. _____ is balance amount for VAT.


4.      Payment of VAT AMOUNT OF RS. __________ by Cheque No. _______  Bank _______  dated _______  for the above property.

5.       MR. /MRS. _________ also agree that in any difference rise by Sale Tax Dept. about this VAT Payment in writing to the BUILDER/DEVELOPER they will immediately pay the same to the BUILDER/DEVELOPER OR Sale Tax Dept. on receiving the notice for the said property.

6.      M/S  ___________ BUILDER/DEVELOPER agree that if any refund received by the Sale Tax Dept. about this  VAT  for the above Said property then they will  immediately pay the same to the BUYER.

This is maid on the _____ day of ______ year 2012 at ________


Witness:-

Sign:-                                                                      sign of buyer:-

Name:-                                                                     Name:-
Address:-                                                                 photo & left Thumb:-


Witness:-

Sign:-                                                                      sign of Builder/Developer:-

Name:-                                                                     Name:-
Address:-                                                                 photo & left Thumb:-


BEFORE ME



NOTARY.

Thursday, 30 August 2012

MY VIEW ABOUT PAYING THIS VAT FOR PERIOD 20/06/2006 TO 31/03/2010

My personal view about paying this VAT is as follow.

Firstly this is very clearly that VAT has to pay on the FLAT/SHOP/GARAGE/STILL PARKING  PURCHASE from BUILDER/DEVELOPER from the period 20/06/2006 to 31/03/2010. The only question is who to pay i.e. Builder or Buyer/Owner of FLAT/SHOP/GARAGE/STILL PARKING. As per my experience No BUILDER/DEVELOPER can pay this they will pass this VAT to owner by sending demand notice to them.Remember that Govt. ask VAT from BUILDER/ DEVELOPER they suppose to pay this not you. If any action taken by Govt. then it will be First on BUILDER/DEVELOPER not on buyer 

As per SC order last date for payment of this VAT is 31 Oct 2012.

Now process step to follow before paying VAT to BUILDER/DEVELOPER

1. a]  Read /check your Agreement carefully that you have pay the VAT at the time of Registration of Agreement (go through various break up detail for various charges given by builder ) if you have paid then do not pay it again OR if you have paid it separately then inform the builder that you have paid it.


b]  Read /check your Agreement carefully that is their any clause written in agreement that you have to pay the VAT if Govt. ask the BUILDER to pay at any time. If not written and your building get Occupancy Certificate then inform the builder that as per agreement you do not have to pay the VAT.


2. If you have not paid this amount and if you received the notice then,

 a] In the Agreement BUILDER/ DEVELOPER take various charges Like Society Formation Charges, Electricity Meter/Transformer Charges , Conveyance Charges , Deposit Money. After 60% of total  flat are sold by builder, it suppose to register the Society and after Society register within 4 months builder suppose to executed Conveyance Deed in favour of Society as per MOFA AGREEMENT .
   Many builder does not do this .Ask builder first execute Conveyance Deed in favour of Society [if it is not executed ] then you will pay this amount.They do not give the actual expense detail of the Society Formation Charges, Electricity Meter/Transformer Charges , Conveyance Charges , Deposit Money. Ask the builder to provide Certified Audit Report from CA regarding this expense.
 After receiving this Report if builder take more charges from you then adjust the extra amount taken by him to VAT amount and pay him remaining amount to builder.

b] Ask BUILDER/DEVELOPER to provide on their CA Latter how much you have to Pay VAT amount in all 3 Scheme / Method [which is in point no 16 in FAQ on pg no 9 of circular post on this blog] for each flat separately  in writing along with their sign of CA on the latter and pay  the minimum amount out of this 3 Scheme / Method as VAT amount and inform the BUILDER that any difference rise by Sale Tax Dept. Maharashtra in writing regarding this payment will be pay buy you. Since Sale Tax Dept. give you 3 type of choice to pay this VAT so pay the minimum amount.

Make Affidavit  on RS. 100/- Stamp Paper between you and builder that you have pay the VAT amount  write Chq. No. ,Date and also write than any difference OR excess  will come will be paid OR refund by both party each other .Attach CA Latter for payment of VAT detail.  Affix photo of both sign them and make it BEFORE ME NOTARY.

c] Ask the Nearest  Help Desk Officer of Sale Tax Dept. whose Name, Phone No. , Email id given on pg no 4 of circular post on this blog  that how much you have to pay the VAT OR VAT amount given by BUILDER  CA is correct or not. You may also send other related query about this VAT to them

3. Ask your Society to contact the Housing Society Federation [dist./taluka Level where you society is member]  if any remedy action OR Federation file any PIL in Court about this VAT Payment.
 

I post the Affidavit Specimen shortly . Hope this will help you.If you have better solution please share it.