Society cannot levy penalty of Rs 100 per day nor charge interest on said amount
2) kindly clarify whether any resolution was passed in AGM for levy of penalty for placing plants of Rs 100 per day
Other charges by society
I have a flat in a registered Society in Mumbai, I have been paying all the maintenance charges levied by the society. I bought the flat in 1998, have been an NRI but have been diligent in paying my dues. Now I want to sell my flat and want a NOC from society, but they are showing an outstanding on my bills saying my tenant had not paid some rs.100 a day for plants that had been put by him which were not allowed. So they have levied charges of r. 3000 per month for 7 months which is rs. 21,000/- and added penalty and interest of 16,000/- more. I was not aware of this rule and plants put by my tenant, it was not informed. Plus my building is under repairs with scaffolding on for 8 months, I don't even know if he put the plants or not. My question is: 1. Can society levy such charges as other charges? 2. Can they charge interest on it? secondly, since the building is under repair they have used my parking space to dump the debris and other stuff without informing me? Can they do that? i want some advice
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
No such charges applicable. Complain to society registrar. And without you permission, your parking slot cannot put to use for other purpose.
FIRSTLY give proper Legal Notice to Society to reverse the illegal penalty.
Is there any bye laws of such resolution pass by society?
You can Apply to deputy registrar for a certified copy of bye laws and pay the charges for the copy.
1. Yes, incase they were competent to levy these charges in terms of the Society bye-laws and rules and regulations
2. Same as 1.
3. You should lodge your protest with the Society in the present matter. Also take up the issue of illegal enchroachment over your parking slot in this protest application. If things are not set right despite your protest application, issue a legal notice to jyour society.
Yes if society is authorised by the members of society in its AGM to levy some charges in this regard then it can charge along with this on transfer the property you have to pay a fixed charge which is to be paid to society for getting NOC on the basis of your sale consideration the Occupancy of the flat is not important all the society members have to pay the common area maintenance charges even if they have the vacant flat.
if you have any issue you have the amount raised by the society then you can complaint to the registrar of societies and Chits in this regard to get the direction for society
You can challenge the same before day registrar of Co-operative society. They need to give you noc after application within 30 days or reply with legitimate reasons for not providing the same. You can file a complaint regarding the same before dy registrar. You can contact me through kaanoon for further assistance if any.
There was an AGM resolution passed regarding the penalty for plants, however, there is no proof stating that my tenant broke the rules, no signature, and no acknowledgment. How can the levy these charges? Over an above that how can they charge interest on it. I asked for NOC and they replied to my letter within the stipulated 30 days stating that it is subject all society dues being paid, however, the charges are in dispute. also the usage of my parking space. And I may lose the prospective buyer due to this what should I do?
Asked 6 years ago
Then you should move before DY. Registrar for the noc
Pay the money under protest obtain NOC sell the flat then sue the society before consumer forum and seek orders to direct society to refund penalty amount with interest
First check whether there is any bye laws which empower the committee to impose penalty.
Even if there is any such rule then what is the procedure to impose such penalty like proof and giving an opportunity to the arty af fault to give show cause.
I am sure all these all important rules of natural justice was violated.
So refuse to make such payments and lodge a complaint with the Registrar of society to adjudicate the dispute.
The penalty sought to be levied is illegal to say the least.
The charges levied by the society is based ion the bye laws in this regard.
The interest also based on the bye laws only.
You can ask your tenant to pay the same bcause it is his fault and not yours.
If they are using your parking space you can object to that and ask them to remove the same immediately or else you can issue a legal notice to them on this.
You go ahead with the sale of the property even if the NOC is delayed.
You can drag the society to the cooperative court or consumer court if they intentionally delay issue of NOC without any proper reason because the interest amount or the other issues have not been notified earlier and you are not aware of the same, moreover they did not object your tenant to keep the plant for almost seven months hence the demand made now is unjustified.
You have to take legal action by first issuing a legal notice and then drag them to court of law so that you will get solution on this.
This is my response to you:
1. Your tenant should have informed you about the dues and the penalty;
2. You can ask for the society to share the details of the AGM etc;
3. You can politely request the society to cut down the charges or make your tenant pay the charges;
4. If they do not accede to your request then submit the same and get it cleared;
5. There is no benefit in entering into a legal dispute with them, especially when you have a prospective buyer waiting;
6. Consult a local lawyer, discuss full facts and take steps.
