• Maintenance bill issue

Hello Sir, New Society committee is not allowing me to give my room on rent. As they are asking me to show last maintenance paid receipt which I don't have it with me (Amount was paid in cash). But I have the issued maintenance bill on which it clearly indicates I have paid the amount. Also Ex-Committe has given the Outstanding list of maintenance amount. They are not accepting it and doing pressuring in meeting to pay the entire amount from where i don't have the receipt. Note- Society account aduit is completed till 2015-16. Please advise me how I can resolve this case.

Regards, 
Ravikant
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

as per mode bye laws you have to merely give intimation to society that you are giving premises on leave and licence

2) NOC of society is not required

3) police verification is required

4)if you have paid the amount and maintenance bill mentions receipt of amount the question of making further payment does not arise

5) if any outstanding amounts were due audit report would have reflected the outstanding amounts

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. The pednency of any maintenance bill is no legal restraint to to refuse entry of tenant in a property.

2. So lodge complaint with the registrar of co-operative society.

3. The registrar would surely resolve the dispute and if not then then approach the high court.

4. The society is surely doing the acts which is not permissible under law.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1)if you have made full payment you should not have accepted your liability to make further payment

2) just check whether your society has adopted model byelaws

3) it is mandatory for all societies to adopt model bye laws

4)draw attention to provision in model bye laws wherein it is mentioned that society has only to be intimated for giving flat on leave and licence

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

You can verify the entries in the audited accounts and see from the outstanding list whether your name appears.

It is not necessary that you should provide documentary evidences to prove payment of maintenance charges if your name do not appear in the outstanding list.

You can issue a legal notice to the society if they still trouble you.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

After the society not responding to the legal notice, you may make a representation before registrar of societies for the troubles and tortures the society is giving you.

You can initiate an injunction suit before cooperative court if you don't get relief from the registrar.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

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