Legal Question in Real Estate Law in India

Our society which is consisting of 100+ members, is in the process of Redevelopment .The M.C. has been saying all throughout the process (but not following)that they are following the Govt Directive under Section 79(A) of the Maharashtra Co operative societies Act ,1960 .Following are the major violation seen till date.

1. For the selection of the final expert and experienced Architect /Project Management Consultant out of the five PMC in Special General Body Meeting the Quorum required is � of the total members of the society. But there was no Quorum. Upon objecting Secretary said that they have the consent letters of some of the absentee�s members. Later they carried on with the Special General Body Meeting and a Final PMC was selected.

2. The Feasibility Report made by the P.M.C. was not member friendly. Ultimately, a suggestion letter which was written by one of the member to the M.C. (which was showing max benefits to the members) was forcefully passed by majority of members in the SGBM. But the society nor any member doesn�t even have the copy of the same suggestion letter for reference.

3. During the Developer selection process wherein personnel from the deputy registrar was present, there was no quorum of � members. Upon objecting Secretary and PMC said that they have the consent letters of some of the absentee�s member�s .But even if we include the consent letter the total figure was not coming to 75%. Later majority of the committee members (6 out of 9) left from the Special General Body Meeting and later a final developer was selected without a secret ballot and just by raising hands.

4. Through the RTI we have got the internal report of the Final SGBM through the Deputy Registrar office saying that the during the Developer selection process, there was no quorum of � members and hence the meeting was null and void.

5. Its been a year now. Also, through the RTI we have got a report from the Deputy Registrar saying that their office has not given any NOC to any builder.

But the M.C. who has completed their term and majority of the members (60%) are in favor of the selected builder and are giving him blind support. Till now the builder has only given some lucrative offers to the members. The matter is in Co operative court and appellate court. But it�s a year now. And the court is taking a long time. There�s nothing happening. The building is in bad state.

My question to you is

1. Is the consent letters of some of the absent members valid?

2. Should the Final selected PMC AND BUILDER be taken into consideration or not?

3. WHAT SHOULD WE DO NOW?

1 Answer from Attorneys

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