• Powers AGM of Cooperative Housing society & defamation case

Recently my society in Noida increased the maintenance amount by 20% without giving any justified reason, also during the AGM they didn't share any details of previous budget or any estimate of this year budgets. also passed a directive that who doesn't will be treated as defaulter & their emergency backup power will be disconnected. 

Though I'm will to pay however I'd asked for rationale behind the increase, which they didn't give. through society whatsapp group wherein we have all the residents & the executive body member, once again i asked for rationale & they left the group. 

I'd offer to pay on retro basis till they provide the justification & however they refused to accept & instead put up a notice on the Society notice board declaring me as defaulter on maintenance payment & threaten to disconnect my power backup. Also while putting my name on board they didn't gave an written notice. 

I'd like to know the provision of power that AGM & society executive body enjoys under UP apartment act 2010 or related and also can they be subjected to defamation case.
Asked 4 years ago in Civil Law

14 answers received from multiple lawyers

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14 Answers

Was the issue on agenda on AGM?

2) the issue has to be on agenda of AGM and it has to be passed by majority vote

3) MC has to give justification for increase in maintenance

4) submit audited accounts for members approval

5) Society cannot disconnect your power supply as it is essential service

6) displaying your name on notice board as defaulter amounts to maligning your reputation

7) issue legal notice to society to withdraw false and defamatory statements made against you

8) file complaint of criminal defamation against society office bearers

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

It has super powers, such enhancement must be in accordance with law and existing rules. It all depends upon the circumstances of each case. The following rules may be observed and you may challenge such increase either before the prescribed authority or the High Court. Unreasonable increase always rejected by the High Court in many cases.

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Popular methods of calculating Maintenance charges

There are two common ways in which each housing society can decide the service charges for each member. The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:

Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. This method brings a sense of fairness to each flat owner and society resident. This method is best adopted in housing societies where each flat is of the same size.

Area Wise: Under the Area Wise maintenance charge method, the total costs incurred by the society are charged according to the area in terms of per square feet owned by each member. The common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment. For example, If acrate is Rs. 2/sqt then for 1000 sqft flats it is Rs 2000/per month and for 1500 sqft flat it is Rs 3000/per month.

Understanding Maintenance Charge Calculations

Housing societies have the option of charging their maintenance charges in either per square feet or per flat basis. Regulations in most states are not clear, but the model bye-laws of MOFA provide a simple solution. As per the Act, each housing society must follow a combination of per sq ft and per flat for various heads. There are however some exceptions as Co-operative Housing Socities (CHS) are not allowed to levy maintenance charges based on the area of flat of members under MOFA. This was clearly mentioned in the judgment following a writ Petition of Venus CHS Ltd and another, when the cooperative housing society wanted to switched from flat-wise monthly charges to area-wise monthly charges.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

As per the up Apartment Act if you don't pay your cam charges then this society have power to disconnect the facilities provided by the society to you after 6 month of defaulting period there is nothing about the notice to the defaulters normally this is a very routine process to put the name of defaulters on the notice board so that other members should know that who is defaulting and who is surviving and their own money take to the society for maintenance if you wish you can go ahead and information in this regard under section 500 of IPC otherwise for your grievances if you have like minded people then you may approach to Registrar of societies and lodge your complaint for direction.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. the committee has clearly acted arbitrarily

2. it is bound to respond to the legitimate queries raised by society members. Any increase in maintenance is to be accounted for and explained to the members why it has become necessary. By not giving proper justifiable reasons the committee has acted in an illegal manner

3. the committee has no business to disconnect any essential services like power back up

4. also they cannot label you as a defaulter without proper prior notice to show cause

5. you have to take this matter to the district deputy registrar of co-operative societies

6. till the matter is resolved you can make the increased maintenance payments under protest. Record this through a letter to the society and marked to the registrar

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Raise the issue before Registrar of cooperative society and to state consumer dispute commission.

Resolution can be challenged before cooperative court.

Was minutes recorded of this meeting.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir, a member of society has right to access all previous budget, data other information.

2. Further in AGM reasons for such increase in maintenance along with accounting provided.

3. Use of Such increased maintenance amount.

4. Society cannot disconnect your power supply or other essential amenity.

5. Further you can send them a legal notice asking them to remove name from notice board and seek apology as this has been done in arbitrary manner and amounts to defamation.

6. A complaint before the Registrar of societies can be made against the managing committee.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

What app communication would be valid

You can take legal proceedings to set aside unjustified increase in maintenance charges by association

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir the communication will be valid if communicated to all, further complaint before the registrar of the societies against the society.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, you are having the all valid evidences to pull them up.

Secondly, it is the mandate to follow the societies act provisions otherwise it will be dissolved and a new member would be appointed by the act body itself.

Thirdly, any thing which they can increase must comply with the provisions of the act.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is not an act of any individual against you.

This is directives of a body which is governing the association.

The law is common to all

If you are disgusted about the previous performance, you always have a right to obtain information about the details of the past activities of the association including the transaction details.

As a member you are entitled to know the details.

If no information is divulged then you may even issue a legal notice demanding the desired information and also can report this matter to the local civic body or the cooperative court or the Registrar of cooperative society (if the association is a registered body).

You may not be able to file a defamation suit agaisnt the society/association.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You as a member of the association are entitled to know the details.

If there is no information provided on request then you may issue a legal notice demanding the information desired.

Failing to provide the information you may escalate the matter through legal channel.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can file a complaint against the society for not not following the mandatory legal norms under the UP Apartment act 2010 to the Registrar of Co-operative Societies.

The elexted members are answerable to each and every member of the society, hence increase in maintenance is not done with accordance of law and hence is liable to be set aside.

You can also file a defamation case against the elected society members for publishing your name on the notice board which amounts to defamation.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

WhatsApp group chat messages can be used as evidence in court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly send the legal notice, then you can lodge a complaint against them before the registrar of societies;

2. This irrational rise in maintenance is not allowed under UttarPradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act,2010;

3. You can lodge the complaint on: http://mscs.dac.gov.in/Complaints.aspx

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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