P. C.

cBhattacharyya
Advocate

HIGH COURT, CALCUTTA

Bar Association, Room No. 6

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukitr, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

Date: 7.5 ll 2013-

To
The Registrar of Co-operative societies,
West Bengal,
New secretariat Building (4th floor),
1, K.S. Roy Road,
Kolkata - 700 001.

sir,
Re : My client Mr. swarup Modak
Sub : Demand of Justice

i address you this letter demanding justice

under instruction and authority of my abovenamed c7 i.cnt.

My client Mr. swarup ModaK is a member 0

Eidisha Co-operative Pousing soci e ty Ltd., Lonnagar
which is under the administrative jurisdiction of the
Deputy Registrar. of Co-operative soci i es , Pnoghly
Range. My client has been lodging serious complaints
'against the management of Bidisha Co-operatiVe T-busing
Society Ltd . bef ore. the Deputy Regis tear of Co-operas ive
Societies, HO0ghly Range in the matter of making 131egal
construction of a cycle stand, purchase of a godown

P.

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

C. Ofiattacharyya

Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

and demolition of a common vat. The last act was bone

when a special officer ;vas running the Inanagement of
the society.

The housing project ) now under Pidisha

Co-operative Housing society Limited was constructed
by the INtast Bsngal T.-busing Board (hereinafter_ refei-red
to as the Board). The allottees of flats constructed
by the said Board formed a Co-operative Soci,,,ty for
the purpose of maintenance of the common are and
facilities of the project.

The said society vkis regis-

tered in the name of "Btdisha Co-operative TTous ing

Society"(hereinafter referred to as the sociebv)

According to the terms of the deee of conveyance the society was described as the 'airch.aser' and
my .client was described as "allottee". Tt is very
recei ted in the said deed of Conveyance executed on
12.2.2009 in favour of my client as follows :

P. C. Ofiattacharyya
Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

"MOW this indenture w itnesseth. that in

consideration of the purchaser agreeing to (*serve
and perform the terms and conditions herein mentioned and to which the allottee(s) was/were
party(ies) and in consideration of the payment made
by the Allottee(s) as hereinbefore cited to convey
the said flat to the purchaser, the Board cloth
hereby sell, grant, convey and transfer unto
said purchaser all 1-iat the said flat more fully
described and mentioned in the second schedule
hereunder written together with proportionate undivided interest or share in the common arras ard
facilities according to the nature and scope and
extent as defined under the let

Bengal Apartment

. Ownership Act, 1972 and by laws framed under the

said Act and/or to be framed

"The _purchaser and the allottee(s)

jointly and severally carry and pckfoiM the obliaton

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

P. C. fiattacharyya
Advocate

HIGH COURT, CALCUTTA

Bar Association, Room No. 6

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

and duties imposed and to be imposed under the West

Bmgal Apartment owhership Act, 1972 tas amended)
and the rules and by laws framed and/or to be

framed thereunder and/or by the co-operatlye rousing

Society for looking after the management, adminitration and maintenance of the general comrcon areas
and facilities/amenities which shall be applicable
to all the

anottees/allottee -member.(s) of

the said

Musing Project".

The said deed of conveyance further stipulates

as follows :
"The general common areas and facilities
provided for the purchasers or flat in the estate
mentioned in the

RD sC

E hereto shall at all

time be held by the purchaser and/or allottes

member(s) along with other purchasers of flat in
the said project and sha:1 be used and enjoyed by

them in corrmon amongst themselves and neither the

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

P. C. Ohattacharyya
Advocate

HIGH COURT, CALCUTTA

Bar Association, Room No. 6

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpulsur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

allottee/oceurfer nor any other purchaser of any flat

in the aforesaid estate shall anytime be entitled on an
ground whatsoever to make partition or (.]ivision thereof
or to claim to have exclusive right in any manner whw-sover to any portion of such general common areas and
facilities

The obligation of the oo-operative T-Tous

society is therefore not limited only to the prov:7.s:ions
of the INest Bengal OD-operative societies Act.
provisions of West Eengal Apartment Ownership Act, 3..72

(as amended) aree A binding

inding on the society along with. the
bye laws and also the rights granted by the regis+-cr,.,(9
deed of convenience to the allottees who actua7lv paid
for.

In keeping with the above situation the bye

laws of the society were framed and the Word "construction"
was deleted from clause 64 of the printed bye laws of the
society.

p 6/

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

P. C. Bhattacharyya
Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

Residence & Chamber:

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

: 6 :

In spite of such binding stipulations the

Bidisha Co-operative musing society decided to construct
a cycleshed on 1st recember, 2006 in the general common
area for the benefit of a handful of members/a7lottees
numbering about 40.

MY client and 106 other allot tees lodged

protest and the then Assistant Redistrar. of Co-op(,raive
Societies refused to grant permission vide hls Memo

No. 2153/-333 6 dated 29.12.2009.

Bat within six days the said officer completely

reversed his stand and under his Nemo No. 21/--333:3 dated
4th OR January, 2010 he not only granted permissi on
illegally to construct one cycle stand at the expense
of other members but went beyond his jurisdiction to
suggest that more cycle stands should be constructed.
The following will make an interPs;ting r,=,ading about
the back ground of the revised decision -

.7/

P. C. Bfiattacharyya
Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

-
ARCS I400 GM, Y refused INgrot.:tAANkr
29,12.2009
The Society received the lettrr on 30.12.2009 .
The society replied to ARCS on

3 0.12 .2009

The OD-operative Inspector

forwarded the societys reply
to ARCS on 31.12.2009(Friday) or

01.01.2010

ARCS office was closed on

02.01.10
(a staturday)

ARCS off ice was closed on

03.01.2010
(Sun6::.y)

Permdission was granted on

0 4 .01 .2 010 .

It is too apparent that the ARCS TToorih.?.y

did not act fairly and impartia13_y. The ARCS did

at all

study the . legal implications or acted

not
ly

with full knowledge. At best he did not arr.y.7,.y hls mind.

Now a cycle stand has been constructed on the
open area marked in the plan " organised green". Th.-re
after, the society has constructed a flait post at the.

P. C. Ofiattacharyya
Advocate

HIGH COURT, CALCUTTA

Bar Association, Room No. 6

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

entrance gate much to the inconvenience of the inhabltants . Tt has pitzatxabt parchased

space known as clodown

at a cost of FS . 2 la khs from the Board al though the

said space constitute to the general open space me;Asur -Ing
5983.24 sq.m. which was already sold by the Housing
Board along with the project. The place is marked
as 'Organised Green' in the project map.
Ward

had ccnstructed a temporary

tion period of the project.

god can

The

T-T-)1-1`1

ng

during construc-

t was obli(-atory. (Dri the

part of the Ebard to dismantle the crodown. art

the

society purchased the already demised property and

misused the money of its membrrs for which they are
liable to be proceeded against.

My client made several representations to

the Deputy Registrar of co-operative societies, .T.ToogT-Ily
Range but he did not get any reply. on 19th march ,2C10
the Assistant secretary requested you to cause?... an
enquriry and furnish a report (Memo No. E397-000pA./3P-5/10).

P. C. Ofiattacharyya
Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

: 9

on 3rd March, 2010 the Assistant Secretary

Department of Personnel and .:drninistrative Reforms wrote
to the Joint secretary, Housing Department and the Joint
Secretary 0o-operation Department

On 4th May, 2010 the Assistant secretary wrote

to you f or report about redressal of the grievance of my
client. Again on 4th august, 2010 the Deptity sec

rN7

Co-operation Department requested you to furnish Action

Taken Report within a fortnight.

on 15th February, 2011 the Assistant secretary

again drew your attention to the complaint aoainst the
society.

My client had made another complaint alleging

des ctruction of the area marked as 'brganised green"
by constructing/renovating the godown as comunity
The Assistant secretary requested you uncer Memo No.20813Coop dated 18th April, 2012 to look into the matter and
take suitable remedial measures.

-..10 /

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

P. C. Bfiattacharyya
Advocate
HIGH COURT, CALCUTTA
Bar Association, Room No. 6

.10

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

on 21st June, 2012 an enquiry lasax was held by two

si\ of icer under the administrative control of the Deputv
Registrar of Co-operative societies, Hooqhly. The
said officers by passed the cardinal issues raised by
my client.

My cTient drew the attention of the Dy.

Registrar of ODoperative societies, 71Dogil1y, to the
inconsistency and incongruity in the enquiry report
but his representation has been stone T..a 1 led like
all his previous representations.

'the Assistant secretary again asked for

a report with the approval of the secretary ,co-operation
under Memo No. 2 794 coop dated 24th July, 2012.

Being emboldened by total inction on the

part of the authority one of the ex-director even went
to the extent of demolishing a vat on the common area..
. 3.1 /

Chamber
10, K. S. Roy Road
Ground Floor
Kolkata-700 001

P. C. Onattacharyya
Advocate

IIGH COURT, CALCUTTA

ar Association, Room No. 6

11

Residence & Chamber :

Dreamland Apartment
23/1, A. T. Ghosh Road
Sethpukur, Barasat-700 124
Phone : 2562-2882 (R)
9433164228 (M)

The special officer has shown gross indulgence in the

matter and refused to take any action in the matter.

My client demands justice and also demands .

that the illegal construction should be demolished and
action under the criminal law should be taken forthwith
for demolition of the vat.

My client also demands that the erstwhile

board members should be brought to book and directed
to pay back to the cociety all illegal expenses made
on account of construction of cycle stand and purchase
of godown.

My client expects an early action.,

fairs fa t hf U

Advocat
7C