OBEROI Splendor Complex, a housing society in Mumbai, which was in the news for Managing Committee defrauded the flat owners of Rs 25 Crores (https://www.abinet.org/illegal-construction-now-oberoi-supported-bogus-chs-committee-commits-rs-25-crore-fraud/) seems to be in the news once again. This time, the Managing Committee is trying to dupe the society members by raising bogus bills on the owners. The flat owners, have been also subjected to torture and harassment by use of bouncers and the managing committee is also not providing requisite services to the society members. The normal monthly bill of services is around Rs 10,000 per month. However the society/flat owners are being billed at an exorbitant Rs 45,000 per month, without receiving any commensurate services in return.
To make matters even worse, there are multiple criminal cases pending against the members of the managing committee, which now can be said to be consisting of serial offenders. These persons on the managing committee, are further involved in bribing, receiving kickbacks and underhand dealing through means of bogus invoicing. These bogus invoices are easily camouflaged since the normal annual budget of the Society is Rs 21 Crore. The Statutory Auditor is also paid in an underhand dealing to issue a clean report and ignore the complainants and law. A legal notice has been issued to the auditor, and many owners are also contemplating criminal action against the Auditor.
Just to spite and further harass the flat owners, who are also the victims, who have made complaints against the Managing committee, bogus bills were first issued by the committee members and then an application was moved before the Registrar of Co-op Housing Societies to get a recovery Certificate to encash these inflated and bogus bills.
When the Registrar issues a Recovery Certificate, then the recovery of amount mentioned therein, is done through process of sale of movable and immovable property of person against whom such certificate is issued. That is why preparing bogus billing and harassing targeted owner is an easy and lucrative way to unleash vendetta by the miscreant committee members.
There are 20 cases of Oberoi Splendor Complex, where in the Registrar has rejected the claims of the Society vide its order dated and signed on 27-09.2021, as the Registrar found that Society could not prove their claims. The Registrar further recorded that common services were not provided to victim owners, so society was not entitled to raise bills. The Registrar also noted that bizarre and absurd amounts are claimed, upon which it will be injustice to issue recovery certificate. The victimized owners now want that these committee members who have been misusing public funds for their personal agenda must be punished and restrained from continuing their torture as if the Registrar’s order does not exist.
Advocate Mohit Bhardwaj appeared for the victim flat owners.