31 May,2022 09:22 AM IST | Mumbai | Dipti Singh
Kapole Cooperative Housing Society (CHS) also houses Jalsa, the Bachchans’ bungalow. Pic/Satej Shinde
A major dispute appears to be brewing at one of Mumbai's most high-profile housing societies, which is home to celebrities like Jaya and Amitabh Bachchan, Aishwarya Rai and Abhishek Bachchan, and Kajol and Ajay Devgn. Author Siddharth Dhanvant Shanghvi and three other residents of the Kapole Cooperative Housing Society (CHS) have accused its office-bearers of corruption. They alleged that the office-bearers have prevented members from accessing their own property papers.
One resident has moved court and filed a complaint with the deputy registrar of Cooperative Societies. Siddharth, who is also on the society's committee, has sent two legal notices to the Kapole's office-bearers, citing irregularities.
Siddharth said, "I was born and raised in Kapole. In May 2022, I approached Kapole CHS secretary Gautam Patel for access to my property papers so that I could digitise them. However, he turned down my request more than once. Patel wrote in his penultimate message to me that the chairman of the society, Atul Barot, had told him that âno document should be parted to anyone', and that the managing committee had to âclear' my request before releasing my own property papers/records to me."
"When I reviewed this with my lawyer, he said it violates the Maharashtra Co-operative Societies Act, 1960. My documents cannot be held captive in this way. They should at the very least notify me and other property owners about the location of our property papers," said Siddharth, the author of The Lost Flamingoes of Bombay and The Last Song of Dusk.
Siddharth is currently awaiting a response from the managing committee on his second legal notice, after which he would consider filing a FIR. After being denied access to his property papers, Siddharth sent one of his associates to investigate the society premises and the office. He was shocked to learn the Kapole society office was empty, unrecognisable and contained no official records - as it was being renovated.
"What was more shocking was that nobody was informed about the renovation and moving of records from the office. All this happened without the knowledge of society members. The smallest plot [property] in Kapole society goes for upward of 10 million dollars. Collectively, there are 30 plots [properties] in Kapole society and could fetch a value of over Rs 3,000 crore. The papers of all these properties were nowhere in the society office, where the homeowners had contracted for them to be safely held. The loss of even a single piece of paper can negatively impact the title and saleability of the property," alleged Siddharth.
The complainants have also alleged that the Kapole committee repaired the society office without permission and then held a retrospective SGM to sanction repair funds for an office that had already been fixed.
They alleged that the office-bearers prepared entirely fake meeting minutes, and the minutes were signed by three same members, recording their presence, for over two years.
A society member informed Siddharth that an SGM was called on May 22, 2022, and the agenda was to discuss the renovation of the Kapole society's office. "However, the majority of the renovation had already been completed... Now, society officials were calling an SGM retrospectively to release Rs 10 lakh to revamp an office that is less than 100 sqft. The SGM wordings are deceptive since it states: âto discuss and approve the quotation pertaining to reconstruction'. I have videos and images that show the office being restored well before the quotation for the repairs, which was the main agenda item of the stated SGM," Siddharth alleged.
According to Siddharth, he was not served an intimation notice for the SGM. Therefore, he called in the SGM notice acknowledgement sheet and found some unknown person had signed against his name. "I was shocked to see a signature in the delivery column from a fictitious character named âSurender' [no Surender works at my residence]. I gave society officials CCTV camera footage of my residence to confirm if their peon or courier had delivered the SGM notice since this might quickly fix the situation. The society's office-bearers did not respond. I approached the deputy registrar of Co-operative Societies, K West ward, Nitin Dahibhate about my lost property paperwork, and I'm still waiting for him to take action," he added.
Another member complained to the deputy registrar about the corruption in this society. The deputy registrar then ruled that this committee should be dissolved, however, the office bearers managed to get a stay on the same.
Jayant Sanghvi, another complainant and a resident of Kapole CHS, said, "As per the Maharashtra Co-operative Societies Act 1960, monetary transactions above Rs 50,000 need approval from the SGM. This approval is to be taken before spending the sum and not after. There were many such irregularities, following which I filed a complaint with the deputy registrar of Co-operative Societies K West office in 2017. They seemed a little reluctant at first, but after repeated follow-ups, they acted. It took six months, but they appointed an inquiry officer. In 2019, I moved to the high court for the same and in 2020-21, again an inquiry officer was appointed."
He added, "There are many irregularities like distribution of funds without the approval of society members, plots were merged and still they collect money twice. Security charges paid to get votes when no one asks security services charge. This is totally unacceptable."
The inquiry officer sent a notice and intimation four times to the society managing committee, however, a report submitted by the officer stated that despite repeated intimations nobody turned up for the meetings, and no extensions were sought. Authorised inquiry officer Shivaji Shinde also pointed out that the attitude on the part of the society office-bearers was non-cooperative throughout the entire process.
Shinde's 2021 report stated that there was unauthorised spending, citing payments for security charges from 2014-15 to 2017-18, as an example. Several other anomalies, such as plot mergers without authority, are detailed in the report. The report also accused the office bearers of the managing committee of abusing funds and power.
Shinde's report stated, "It is a well-settled principle that the society is a public institution and is governed by the established law provisions. The society fund is a public fund and is required to spend judicially within the para metres fixed by the rules specified in bylaws and the provisions of Maharashtra Co-operative Societies Act 1960 and rule 1961. The office bearers have forgotten this aspect and manage the affairs of society like private entity...they believe that the society fund is their own funds and can spend it as per their whims...they also forgot that they were entrusted with the responsibility of Protecting the property belongs to the society..."
Atul Barot, chairman of the Kapole Society's Managing Committee, said he does not have much information regarding the situation and that the Managing Committee's Secretary Gautam Patel is the best person to speak with.
mid-day contacted Patel on May 27, but he said he was unwell and not in a position to speak, and that he needed some time to get back to the queries. This paper's calls to Patel again on Monday went unanswered.
Nitin Dahibhate, deputy registrar of Co-operative Societies K West ward, said, "We had already concluded the investigation and had pegged the liabilities, but the managing committee went to court and obtained a stay. The matter is sub-judice now. Aside from the concerns stated by Siddharth Shanghvi and the issue of denial of his property document, I have requested him to meet with me. We will investigate the situation."
Rs 3K cr
Approx. worth of 30 properties on the premises
