Registrar's ultimatum to ECOA to enrol residents of Parsvnath Exotica

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Registrar's ultimatum to ECOA to enrol residents of Parsvnath Exotica

In case the society is fails to oblige, the registrar said it should return the fund received from the residents with interest.

Registrar's ultimatum to ECOA to enrol residents of Parsvnath Exotica

The office of the Haryana State Registrar of Firms and Societies in Chandigarh on Friday directed the Exotica Condominium Owners Association (ECOA) to enrol the residents of Parsvnath Exotica, a residential society located in sector 53, as members. 

In case the society is fails to oblige, the registrar said it should return the fund received from the residents with interest.

Furthermore, the state registrar directed the office of District Registrar of Gurugram to appoint an administrator under section 39(10) of the HRRS Act 2012 after it found that the tenure of the governing body has already expired.

IS Yadav, district registrar of firms and societies, Gurugram said, “We will appoint the administrator  as per the direction of the state registrar and thereafter the appointed administrator will conduct the election.”

The decision came on the appeal of the ECOA against the order of the district registrar given on July this year directing the ECOA to enrol Yash Handa, one of the complainant on the matter, as the member of association before conducting the election.

Yash Handa, a resident of Parsvnath Exotica, said, “After being denied of right to vote, I have filed a petition under section 39 (4) of HRSS Act on March 15, 2019 with district registrar seeking inclusion of name in the list of eligible members to vote and contest elections for governing body of the Exotica Condominium Owners Association.”

“On the petition, the district registrar issued an order in July to enrol me as the member of the society. Instead of compliant the DR order they appeal to State Registrar. On Friday after five hearing, the state registrar order the ECOA to enrol the name or refund the fund with interest.” Handa informed.

According to the residents, Parsvnath Exotica housed 780 apartments, out of which 470 flats have occupation certificate while 200 are living without OC and 110 are still waiting for possession. They said around 300 residents have been denied to participate or avail their voting rights despite paying the requisite fee between Rs. 2.5 lakh to 3 lakh.

Meanwhile, the representative of ECOA said that they haven’t given the fair opportunity during the hearing and order was passed without giving them a chance to rebut on the issue of term of governing body and monetary refund which was not part of the appeal initially.

He said, “The tenure of governing body is valid till January 2020. The order was vague in nature and once we receive the copy then we will see what legal remedies can be taken.”

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