Legal Question in Real Estate Law in India
Housing Society has imposed high per month charge
My housing society in Pune , Maharshatr has laid down a monthly charge of Rs 5000 per month. I let out this flat to a company which uses it as a guest house. At the time of buying the builder collected a large sum of money - 2.5 lacs - for one time maintenance.
The society called for an AGM and decided this. I did not get any notice for the AGM but got this communication for the charges. I would like to contest this in a court of law what remedies are available?
3 Answers from Attorneys
Re: Housing Society has imposed high per month charge
You may challenge the resolution passed by the Society in the courts/authorities set up under the relevant Cooperative Societies Act.
If the Act does not provide any Forum for adjudication of such disputes, you may file a civil suit.
Re: Housing Society has imposed high per month charge
there are two issues involved in it:
a. whether the builder trasferred the funds collected from u to teh socieity or not
b. if yes, what has happened to thoses funds?
you can approach the registrar, cooperative societies complaining manipulation and financial irregularities in hte conduct of society
depending on true facts, you can also file civil/ criminal proceedigns against society/ builder.
Please consult a local lawyer with full documents for proper advise
Re: Housing Society has imposed high per month charge
Remedies would depend on procedure followed, actual maintenance expenses in past etc.
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