Under instructions and authority from my Client Shri…, having address at,,,,,,,,, My Client

wishes to instruct as under-

1. At the onset my Client remind You, the addresses 1 to—---, the addressees herein,
that You are on the Managing Committee, and are supposed to be responsible and
cautious of your role in this re-development.You are reminded that this present
re-development is not a pleasure seeking or a profit making proposition, but a
staunch reminder of that fact that all of us have miserably failed to maintain and
upkeep our building due to our poor economic condition and bad management of
funds over years resulting in our handing over our building to a third party
builder-developer to encash on our profits and reap all the fruits and benefits which
our plot of land could have earned for us. My client points out that all our families are
entitled to the maximum profits accrued from the plot of land, and instead the
Managing Committee is surprisingly more interested in the business of the builder
developer and has scant respect, value and caution for the respective unit holders.
2. My Client states that the Managing Committee as not even bothered to strictly obey
the relevant provisions of the law and the guide lines laid out, so as to prevent any
mishappening and attempt profit maximisation of the unit holder, the, member herein.
My Client is surprised that without a written requisition from the 1/4th of the total
members of the Co-operative housing Society addressed to the Managing
Committee, to call for a meeting on the redevelopment, and without even inviting
suggestions and objections and without even acknowledging receipt of such Notice,
nor placing the same, Notice, before the General Body showing its integrity nor had
marked the same as an item in the agenda, by giving notice of meeting 14 days prior
to the meeting. The Society should have honestly and strictly followed the laid out
guide lines by inviting five Architect/project Management Consultants out of the
Governmental Authorities/Panels, and obtained the quotes, However it is unfortunate
to inform that even such independent educated, skilled bodies remained uninvited
and were not even heard, that the poor member be educated before a prudent
decision is made. So, the Managing Committee avoided the scope of the involvement
of the Member, depriving my Client of even utilising the eight days window to raise
their objections/suggestion, and causing deep losses to my client and high handedly
alienating my clients property rights, in the flat and the larger plot and profiteering to
the third party builder/developer for reasons best known, which by time needs to be
investigated. My Client hence states that no such preliminary meeting took place
and hence there was no quorum and unfortunately the redevelopment itself lack the
sanction of the majority, which at onset be recorded and noted. Hence, there is no
Quorum of the 3/4th of the Members. The General Body meeting dated the —--,
being a later meeting, the agenda of which clearly shows is a planned meeting itself
was a mere run down sponsored beyond the funds of the society marking beneficial
interest beyond the scope of the society. This fact too be strictly noted and the
Managing Committee be prepared for stringent action as permissible under law. Due
to the non-compliance of all above there could never be an independent selection of
the Project Management Consultant, who could advise on the project and explain to
the society the profits that can be accrued, the actual cost of the project, the profit
maximisation for each Member etc. could never be discussed but simpliciter, the
Developer was appointed and only what would be the additional area that will be
given to the member was put forth and rent and hardship were pushed on a member,
there by showing the fraud played boldly upon the Member.Hence the Minutes of the
 meeting do not reflect any such agenda points or discussion or resolutions.During the
course of the meeting the Expert and experienced architect/ PMC ought to have
been selected by the General Body and item wise work ought to have been selected
by the so appointed PMC and terms and conditions ought to have been preferred for
the same and an outline submitted for the redevelopment of the building. All these
records are not available nor forming part of society records, show the negligent
manner in which the third party Builder/ Developer was allowed to penetrate into the
working of the society and resort to illegality, which too requires to be strictly dealt
with.
3. Records of the Society reveal that there was no independent Project Management
Consultant who undertook the survey of the Society’s building and land, obtained
information about conveyance of land to the society, nor instructed the Society
regarding the applicable regulation applicable with respect to the ownership of land
and location and position of the land and the various regulations that could be
applied thereunder, nor submitted any independent project report within two months
of date of appointment of such PMC to committee of the society. Such an
independent Redevelopment Project Report was never sent by any independent
Architect/ PMC to the Managing Committee and so never circulated to any of the
Members.Hence there was no independent General Body Meeting with such an
independent Architect/Project Management Consultant, that we could have placed
our suggestions/ objection and that would have enabled the Project Management
Consultants to design the draft tender; specifications with respect to the carpet area,
which is very important as each member could have benefited more area and a
better collective bargaining capacity. Subverting the above factors, the Managing
Committee smartly invited tenders from some developer one being the addresses
below named and the Project Management Consultant too being the same as
assigned by the Developer, the addressee above, Falsely without complying to the
above, an Authorised person was invited from the Co-operative Registrars Office, a
Special General Body Meeting dated the —----, was held and it is not out of record to
state that there were no independent tenders and the decision was taken to appoint
the addressee developer. All this has been recorded and form witness of the minuted
of the referred general body, which required to be investigated.Without recording any
such terms and conditions at the referred General Body Meeting, a draft
development agreement has been circulated, which is hence illegal and void and has
been entered into by the Managing Committee on behalf of the Members without
proper valid consent.
4. For reason above, My Client demands an urgent call for a General Body meeting,
and seek detailed explanation for such careless and callous action and to take proper
rectifying remedies, failing which, my Client will be compelled to call upon for criminal
investigation and all get investigated all the transactions and the illegal benefits so
accrued and cancel the development agreement so entered, please note.
5. Yours Truly,Advocate.