1. The logic or the imposition of rent towards inducting so called ' tenants' is without any basis at all and hence the same is illegal to say the east.

2. Since it has got no legal basis the payment of this additional sum of money is not binding on you either . Therefore you can very well ignore making this payment.

3. Since ti is not a registered society it lacks the legal sanctity and hence strength to implement its own resolution. Therefore for non compliance of it can not entitle them to take any penal actions against you.

There is no dearth of such mismanagement of this society which I have come across from various clients from time to time.

Issue legalnotice to society to withdraw your name from defaulter list and to withdraw demands for tenancy charges

2) if society refuses to listen to reason file application before cooperative court to set aside decision of society to levy tenancy charges and your declaration as defaulter

3) in the event society takes legal proceedings file detailed reply denying your liability to make payment

You first discuss with an advocate who is having through knowledge on such issues.

The society is not a registered body hence the bye laws made by them on their own by passing such resolutions are arbitrary and not legally binding on the members

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You can object to the resolution passed by them in the legal notice stating that the decision taken to consider the relatives of the members residing in the flats as tenant is illegal and against the natural justice as well.

The additional levy of maintenance amount is also illegal and not maintainable, hence the name mentioned in the defaulters list is defamatory, the society is liable to pay compensation for the damage besides seeking an apology for that especially when you have been paying the monthly maintenance regularly.

You can drag the society to the consumer forum for deficiency in service and also for functioning illegally with registration under the societies registration act.

You may also approach cooperative court seeking to ban the society which is functioning illegally without registration, especially while it imposing the non-maintainable clauses and untenable levies in the name of some fictitious stories.

You may discuss with an advocate fully at length and proceed against the society.

You dont worry about the past ruling on the subject.

Without taking a legal route you may not be able to solve this issue properly.

For choosing an advocate, you have to rely on your own prudence, i.e., you can come to know about the credentials and quality of an advocate while your talk to them and discuss the matter for 10 minutes.

You may have to be careful about the contents in the legal notice since that will be the base for the subsequent complaint as well.

In case of any doubt on the subject you can contact any expert advocate of this portal by booking phone consultation.

Sir since the society is not registered it cannot pass such resolutions and levy extra charges on such arbitrary grounds it is illegal and cannot be enforced.

Issue a legal notice to.the society for.defamation and to.withdraw name.from.defaulters list with apology and further to set aside such arbitrary charge in.case.the society working.committee refugees.

File a consumer complaint.for.deficiency of services and malpractice further claiming damages for mental harassment.

1. Pragmatically speaking you shall have to consider that in laws are not treated as part of family of a person in receiving privileges/facilities offered in any field.

2. Moreover, the said decision has been taken by the majority of the flat owners, one of them being yourself, in the Annual General Meeting.

3. In the instant case you can approach the Committee to consider the in laws as guests and not tenants which will be more respectable status for them.

4. It will be difficult for you to get favourable Judgement if you pursue legal recourse trying to establish that in laws should be considered as family members of a person in all the fields/places of life including your Association.

1. AN "UNREGISTERED SOCIETY" has no legal standing, in any way, to pass any resolutions, whatsoever, and it would be a criminal offence to declare /publish anybody as a defaulter, despite having any outstanding dues of a registered or unregistered society.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like intimidation & defamation against the Committee members persons, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. This will solve the problem, permanently.

Keep Smiling .... Hemant Agarwal