Pune: Wanowrie Society Members Petition Bombay High Court Over Alleged Fund Misuse By Appointed Administrator
Pune: Wanowrie Society Members Petition Bombay High Court Over Alleged Fund Misuse By Appointed Administrator
Six members of a co-operative housing society, including a lawyer, have filed a petition in the Bombay High Court, alleging a fraudulent scheme involving the district deputy registrar (DDR) of co-operatives. The petitioners claim that the administrator appointed by the DDR withdrew Rs 10.5 lakh from the society’s funds under the pretense of maintenance without providing any expenditure reports.
Advocate Kshitija V. Moreshwar, chairman of the Naren Hills Co-operative Housing Society, along with five other members, filed the writ petition. The respondents in the petition include the commissioner of co-operation, the registrar of co-operative societies, the DDR, the presiding officer appointed by the DDR, and two society members who allegedly instigate authorities and file baseless complaints.
The petitioners state that between August 2020 and April 2022, some flat owners complained to the DDR about the managing committee, accusing them of not holding annual general body meetings, failing to file audit reports, and not complying with the co-operative societies act. According to the petitioners, the society was functioning smoothly until a series of false complaints were lodged by what they describe as a “habitual complainant.”
Advocate Moreshwar and the other petitioners—Shiboo Krishnan, Thomas Augustine, Paresh Nihlani, Rashida Patel, and Deveshkumar Jain—told Pune Pulse that the DDR issued notices and orders against the managing committee without verifying the complaints. They claim that the administrator delayed submitting the audit report for 2021-2022, hindering their ability to comply with section 75 and other provisions of the society. The petitioners assert that the administrator appointed an auditor and that the annual general meeting (AGM) cannot be held until the audit and expenditure reports are submitted.
In court, Advocate Moreshwar argued that the appointed administrator’s actions have caused significant hardship for the society members. They contend that the administrator did not provide details of the amounts spent on maintenance and repairs, resulting in a financial loss of Rs 10.5 lakh for which no audit report has been provided. Additionally, the administrator allegedly failed to comply with statutory requirements such as GST, income tax, and TDS, causing the society members to incur additional expenses.
After hearing the arguments, Bombay High Court Justices Rajesh Patil and AS Chandurkar instructed the assistant government pleader representing the commissioner of co-operation, the registrar of co-operative societies, and the DDR to appear before the court. The matter has been adjourned until July 19.
