Mumbai Society illegal ways
I have multiple issues with my housing society in Mumbai and seeking your help from your article. I believe you are lawyer in Mumbai/Pune.
1. Elections - Notice of AGM was sent to all members but AGM was not held in that day. It was held after 1 week and no notice of new date was given to all members. It was intentionally not sent the notice to some members who were not happy with present members and hence those members were kept away from AGM. are these elections null and void ?
2. Notice - after the elections, AGM of 2 years were held again without sending any notice to members. what are the rights of members in this scenerio ?
3. Interest - AGM had prescribed 30% interest rate and which is calculated every quater which puts interest on previous quater making it even above 30%. Society said that 30% interest is passed in AGM. I guess maximum of 21% of interest can be charged which has to be simple interest. Is 30% compount interest legal ?
4. Due - for some time there was delay in maintainance due to living in other city. we started to pay monthly maintainance for last 2 years and we sent emails to society to provide the dues amount to clear it. But society not given any statement for the dues. without knowing how much to be paid (with 1 year interest) how someone can pay ? can soociety ask for interest for these 2 years for society fault ?
5. NOC for loan - We have to take loan for repairing of house and also for dues but society is refusing to issue NOC for the disputed dues mentioned in point 4. We are paying monthly maintaincne for last 2 years still can society refuse to give NOC ?