Dear Ajay Sethi, My name is Sunil Nathalal, and I situation for my Mumbai flat. I bought the Flat from Lodha Paradise in 2010 and there was no Society formed at that time. I came back to the UK and the society was formed just after 2010, which I was not aware of. Society had all my address details for the UK, my name contact numbers. But Lodha Society never called me, did not write to me and just ignore me, I had no one in Mumbai and hence stayed in UK for 8 years. And then when I visited Lodha Flat after 8 years with my family the current society known as VFVA demanded 8 LACKS Rupees and interest on top of that. How is this possible this is harassment and Bullying and Threatening behavior to leave in my own FLAT which I spent my hard-earned money?. Lodha society did not make any repairs and there are lots of issues wihich I found out e,g cleaninnbess, no fresh water supply, no maintenance of teh buiklding, lifts not working . ME AND MY WIFE WITH MY LITTLE DAUGHTER COULD STAY IN MY FLAT BECAUSE SOCIETY GUYS TRIED TO STOP US. SO WE HAD TO STAY IN HOTEL AND PAY ALL THE COSTS. So after returning to UK.. I made payment of RS 4 Lacks ( to still maintain good relationships and ) the society did confirm verbally that I can rent my FLAT. So I calculated RS 5000 / month x 8 years = Rs 4 LACKS. And I thought the matter is resolved. But still, they have calculated interest for 8 years,,, of around 6 lacks which they are demanding and will not allow my flat to be rented. So I had to make another visit in 19 March 2019 to resolve this issues wich again has costs me lot's money and after having a meeting with the Society President he is now saying that I have to pay additional 6 lacks rupees and because that I could not rent my flat out. And I lost 6 customers who were ready to rent my flat out. I had sent Legal notice from another solicitor from Kanoon . com. But despite sending 2 legal notices VFVA is not budging. SO I want to take an INJUNCTION against the VFVA Society so that they can allow my Tenants to move in. Please, can you support my case? I came back from Mumbai on 9 th June and my Brooker in Thane near my flat has said that VFVA Society is not allowing me to rent the flat. My WhatsApp contact number is [deleted]
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You can write a complaints to registrar of CHS and address to President and Secretary of the society, plus cc to commissioner of cooperative society of Mumbai and state in pune.
As you're not selling your flat but want to give on rent so it could be on well maintenance of flat if there people's are living in it.
Plus how much rate of interest they are charging and when they had passed resolution in the AGM to charged interest on non payment of maintenance.
1) claim of society is barred by limitation
2) society ought to have taken recovery proceedings against you
3) ask detailed statement of account from society
4) file complaint against society before registrar for refusal to permit your tenant to stay in premises
5) in alternative file complaint against society before cooperative court in thane against society refusal to permit you to give premises on rent
You can take injunction in this case from civil court
You can file an injunction suit against the society immediately and also file an application for temporary injunction on the same lines refraining the society from interfering in your rights to rent out your flat till the disposal of the suit.
Dear Sir
1. please do not mind my response below because I am not going by emotions but replying as per the law
2. when you say that you moved to UK and thereafter society was formed, you did not even bother to inquire with other flat owners about the status of society formation and how the building is being maintained?? Did you do that even once? do you have any proof or correspondence to show that you made such inquiries??
3. though the society was having your UK details, you simply waited for the society to write to you for the maintenance and other aspects touching the building and your flat!!!
4. this is what even a court will ask you if you intend to drag the society to court
5. if you yourself did not bother to make any inquiries about the society formation and maintenance of the building, then how can you even complain that there are cleanliness issues, water supply problem etc??
6. no court will grant you any relief and it will be an exercise in futility
7. lets think about the problem from a practical point of view now - you have already made part payment of 4lacs to society towards the outstanding dues from you and the society is demanding 6 lacs more towards interest - i want to know what is the rate of interest that the society has applied on the outstanding maintenance and whether the interest is at simple or compounded rate?
8. if the interest levied is very unreasonable then you can obviously take up the matter to the Dy. Registrar of Co-operative societies for necessary direction to society to levy interest on outstanding maintenance as per law
9. secondly i do not understand why the society is refusing to allow you from renting your premises. Thats completely foolish. If you are allowed to rent, then the society would earn no-occupation charges and also part of the rentals could be spent for paying maintenance to society which would obviously benefit the society for proper maintenance and upkeep of society premises. So you need to talk and counsel the committee members rather than issuing legal notices. Only if they act unreasonable should you think of taking legal steps.
10. also the society has no business to stop you from entering your flat even if you have not paid maintenance. That amounts to criminal restraint and is a criminal offense
11. i also do not understand how the society can refuse the member from renting his flat? this is not a landlord owned building. The flats are purchased by the members on 'ownership basis'. So only on this aspect of the matter you can take legal steps against society, however first try to resolve it by explaining to committee members as above. No fruitful purpose will be served either to you or to society if you are not allowed to rent your 'ownership' flat
