Stop Cheque Issue and Gated community new amenities issue

[VENKATASRIKANTH]

Dear Sir,

I’m staying in the gated community,the committee members came with new proposal of introducing common softner( 7.5 Lakhs, and CCTV proposal(7.5 Lakhs for Entire project).For individual they are charging 15k. But when I on research on these implementation – Majority of the projects got failed when there is a common floor, and I requested the community to work on black spots & Hot Spots to reduced the cost of CCTV implementation (< 3.5 Lakhs) to reduce incremental cost/ To know the performance as there are not high branded.

The committee members are claiming as there 51% majority, I have to pay amount there is option. But the committee members are not selected or elected by the community members.
Can you please suggest me how can i manage this situation because there are not giving written commitment they will take responsibility and liability about the performance of Common softner and CCTV for smooth functionality & Incremental cost management within the budget of corpus fund(10K) and sinking fund (10K)

1. I paid 7.5 K and I have stopped 7.5 k cheque (My wife) PD – 10/12/2017 due to lag of written commitment of responsibility and liability.

[Dr. Ashok Dhamija]

It is not made clear whether yours is a registered cooperative housing society. You have stated that the committee members are not elected (or selected), but you have not clarified then who has appointed them and how?

In any case, in general, the decisions of a housing society are governed by majority. If you are objecting to their decision, then there are at least 51% members who are supporting them. So, generally, majority will prevail, otherwise a society can never take a decision if it is to be supported by 100% of the members. Of course, if a particular matter requires a special majority (76%) under the bye-laws of the society, then it is a different issue altogether since in that case at least 76% members have to support. However, for that, you’ll have to check your bye-laws and the relevant State Act whether such matter is required to be adopted only by a special majority of 76% or above. In the absence of such provisions, it is a normal majority (51%) that prevails.

However, if you are not satisfied with the decision, depending upon the provisions of the State Act applicable in your case, you may approach the Registrar / Tribunal / Court concerned for resolution of such dispute between you and the society.

With regard to your second question, if the cheque has been issued for discharge of a debt or liability, then in spite of stop payment the cheque bounce case may be made out.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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