Compensation from Society

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We are member of Kamal Kunj CHS Ltd, Ghatkopar. Mumbai 400077.
Our society passed resolution with 2/3 majority to raise floor above existing our building, which has been Opposed by us as there will be no ventilation and Air circulation.
We insisted on demolishing building and construct new one.
Our society entered in agreement with developer for raising floor above our existing building.
And paid compensation to society member which has been received from developer.
We approach our society for our compensation (Three member of Society) but society
Is not responding neither developer is paying us compensation of our right.
Can you suggest us how we can justice from our society for our right to get compensation
Which other member has received it.

[shakti]

I think u should post all the relevant documents on site.
But as far as payment of compensation is pending if the same has been committed and not given to you it is batter you should collectively file a police complaint.
Rest every thing can only be firmly answered after going through the complete relevant records/files.You can also mail the same on tellshakti@gmail.com for any king of further info..

[aneeshjaffery]

The Compensation should have been deposited with Society as the members are bonafied users of Society' premises. Whenever the flat is sold what the member receive is the premium amount on share value of flat.I have a ruling from Dy. Registrar that Society's fund cannot be distributed as per the MSC Act 1960. But on an Appeal, the Jt. Registrar may over rule this. I am also looking for a High Court Judgement in this matter

[altcarbide]

Originally Posted by aneeshjaffery

The Compensation should have been deposited with Society as the members are bonafied users of Society' premises. Whenever the flat is sold what the member receive is the premium amount on share value of flat.I have a ruling from Dy. Registrar that Society's fund cannot be distributed as per the MSC Act 1960. But on an Appeal, the Jt. Registrar may over rule this. I am also looking for a High Court Judgement in this matter

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To, DATE: - 16/01/2009
The Executive Engineers,
M.C.G.M
Mumbai

Ref: - Development of plot know as KAMAL KUNJ CHS.LTD, on Vallabh Baug Lane, Plot No.143, CTS No.5857, TPS-3, Survey No.244-A, Ghatkopar (East), Mumbai-400 077.

We are the owner of Flat in KAMAL KUNJ CHS. LTD.
(1) Flat 10-B ………………. ASHOK L, TOLIA (HUF)
(2) Flat 11-B ………………. ASHOK L,TOLIA
(3) Flat 12-B ………………. Mrs.ANJU ASHOK TOLIA

As Municipal Corporation of Greater Mumbai has sanctioned plan for development of said property by constructing additional floor to existing building as per decision taken by our society in its special general body meeting with 2/3 majority.

We are against the said proposal to construct additional floor on existing building.

Our proposal was to demolish existing building as it was 40 year old and construct new building. Or shifting to higher floor of newly constructed building as per terms of ground floor
Member shifted to third floor; since we were on first floor we will have poor light & air ventilation. Same has been promised by developer but now he is not abiding to his promise.

As developer has already raise additional floor on existing building as per sanctioned plan by Municipal Corp. of Greater Mumbai, with 2/3 majority of member.

We approach developer for our compensation / our share which other 15 member of society has received. We are not aware of development agreement between society & Builder, We requested society for development agreement copy but society is not replying, Also we are not being inform about any of society meeting since the proposal of development of building.

As Municipal Corporation of Greater Mumbai can sanctioned plan with 2/3 majority, can insists developer to pay our compensation / share in full.

This is to inform you that our society is not cooperative with us by calling us in any society
Meeting or informing us society mater, so we need details as under

1. Details of show cause notice sent to Municipal corporation of greater Mumbai by Kamal Kunj CHS Ltd for stop work of development of raising extra
Floor to existing building or copy of letter.

2. Copy of development agreement between society and Developer.





With Best Regards,


(Ashok Tolia)



30, Mahavir Ind. Estate, Sakinaka, Mumbai-400 072, INDIA, Tel: 91 - 22 – 2851 51 12, Fax: 91 - 22 – 2851 36 30,
Email: - toliacarbides@vsnl.net, Visit: - india technology engineering schools college at parinengg.com

[altcarbide]

Originally Posted by shakti

I think u should post all the relevant documents on site.
But as far as payment of compensation is pending if the same has been committed and not given to you it is batter you should collectively file a police complaint.
Rest every thing can only be firmly answered after going through the complete relevant records/files.You can also mail the same on tellshakti@gmail.com for any king of further info..

ALT CARBIDE PRODUCTS


To, DATE: - 15/01/2009
The Executive Engineers,
M.C.G.M
Mumbai

Ref: - Development of plot know as KAMAL KUNJ CHS.LTD, on Vallabh Baug Lane, Plot No.143, CTS No.5857, TPS-3, Survey No.244-A, Ghatkopar (East), Mumbai-400 077.

We are the owner of Flat in KAMAL KUNJ CHS. LTD.
(1) Flat 10-B ………………. ASHOK L, TOLIA (HUF)
(2) Flat 11-B ………………. ASHOK L,TOLIA
(3) Flat 12-B ………………. Mrs.ANJU ASHOK TOLIA

As Municipal Corporation of Greater Mumbai has sanctioned plan for development of said property by constructing additional floor to existing building as per decision taken by our society in its special general body meeting with 2/3 majority.

We are against the said proposal to construct additional floor on existing building.

Our proposal was to demolish existing building as it was 40 year old and construct new building. Or shifting to higher floor of newly constructed building as per terms of ground floor
Member shifted to third floor; since we were on first floor we will have poor light & air ventilation. Same has been promised by developer but now he is not abiding to his promise.

As developer has already raise additional floor on existing building as per sanctioned plan by Municipal Corp. of Greater Mumbai, with 2/3 majority of member.

We approach developer for our compensation / our share which other 15 member of society has received. We are not aware of development agreement between society & Builder, We requested society for development agreement copy but society is not replying, Also we are not being inform about any of society meeting since the proposal of development of building.

As Municipal Corporation of Greater Mumbai can sanctioned plan with 2/3 majority, can insists developer to pay our compensation / share in full.

This is to inform you that our society is not cooperative with us by calling us in any society
Meeting or informing us society mater, so we need details as under

1. Details of show cause notice sent to Municipal corporation of greater Mumbai by Kamal Kunj CHS Ltd for stop work of development of raising extra
Floor to existing building or copy of letter.

2. Copy of development agreement between society and Developer.





With Best Regards,


(Ashok Tolia)



30, Mahavir Ind. Estate, Sakinaka, Mumbai-400 072, INDIA, Tel: 91 - 22 – 2851 51 12, Fax: 91 - 22 – 2851 36 30,
Email: - toliacarbides@vsnl.net, Visit: - india technology engineering schools college at parinengg.com

[altcarbide]

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To, DATE: - 16/01/2009
The Executive Engineers,
M.C.G.M
Mumbai

Ref: - Development of plot know as KAMAL KUNJ CHS.LTD, on Vallabh Baug Lane, Plot No.143, CTS No.5857, TPS-3, Survey No.244-A, Ghatkopar (East), Mumbai-400 077.

We are the owner of Flat in KAMAL KUNJ CHS. LTD.
(1) Flat 10-B ………………. ASHOK L, TOLIA (HUF)
(2) Flat 11-B ………………. ASHOK L,TOLIA
(3) Flat 12-B ………………. Mrs.ANJU ASHOK TOLIA

As Municipal Corporation of Greater Mumbai has sanctioned plan for development of said property by constructing additional floor to existing building as per decision taken by our society in its special general body meeting with 2/3 majority.

We are against the said proposal to construct additional floor on existing building.

Our proposal was to demolish existing building as it was 40 year old and construct new building. Or shifting to higher floor of newly constructed building as per terms of ground floor
Member shifted to third floor; since we were on first floor we will have poor light & air ventilation. Same has been promised by developer but now he is not abiding to his promise.

As developer has already raise additional floor on existing building as per sanctioned plan by Municipal Corp. of Greater Mumbai, with 2/3 majority of member.

We approach developer for our compensation / our share which other 15 member of society has received. We are not aware of development agreement between society & Builder, We requested society for development agreement copy but society is not replying, Also we are not being inform about any of society meeting since the proposal of development of building.

As Municipal Corporation of Greater Mumbai can sanctioned plan with 2/3 majority, can insists developer to pay our compensation / share in full.

This is to inform you that our society is not cooperative with us by calling us in any society
Meeting or informing us society mater, so we need details as under

1. Details of show cause notice sent to Municipal corporation of greater Mumbai by Kamal Kunj CHS Ltd for stop work of development of raising extra
Floor to existing building or copy of letter.

2. Copy of development agreement between society and Developer.





With Best Regards,


(Ashok Tolia)



30, Mahavir Ind. Estate, Sakinaka, Mumbai-400 072, INDIA, Tel: 91 - 22 – 2851 51 12, Fax: 91 - 22 – 2851 36 30,
Email: - toliacarbides@vsnl.net, Visit: - http://www.parinengg.com