• Conveyance

Society is in process of conveyance. Committee is collecting notional amount Rs. 4000.00 per flat in cash only. I refused to pay cash and gave a cheque to treasure. He did not acknowledge the same and told that he will reply after consulting secretary. He neither replied nor deposited the cheque. Now cheque is out of date. Again they demanding cash only and not giving any break up of expenses. What should I do in this case?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) pay the cash amount . It is not substantial amount

2) however society should furnish receipt of amount paid by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Has resolution been psssed in AGM fir increase in maintenance?

2) maintenance has to be collected as per provisions in bye laws

3) you can challenge the resolution before the cooperative court

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Whenever there is any dispute in functioning of the managing committee you can raise the issue with the Registrar of Society.

2.in this case also send a letter to the Secretary and then tothe Registrar.

3.making payment through cheque is always preferable.If not then acknowledgement receipt must be given to have record of payment sna expenses.

4.So do accordingly.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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You did the right thing by giving a cheque and not cash. There can be no logic behind refusal to take the amount through cheque. If the society arbitrarily levies the maintenance charges you can sue it in civil court through a suit for mandatory injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The society cannot refuse the payment made by cheque.

Also the society has to render the accounts to it members as and when the accounts are being tallied periodically.

All the members have a right to know about the expenditure and income details of the society management and accounts.

You may raise this issue in the meeting of the society or can eve write to the management of the society seeking clarifications.

Legal actions can be taken after exhausting all the local remedies.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If the society resolves this issue in a meeting then you may have to abide by the decision taken by the general body.

Before that you may visit the bye laws of this society and confirm if ther are provisions for this drastic increase and other relevant issues in this regard.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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