Legal Question in Civil Rights Law in India

Legal extortion by a co-op societies

In a one of the reply honorable attorney said that the charging a common maintenance equally by a co-op societies comprising of unequal flat area is legal. Does it mean that those are collecting maintenance on the basis of per sq ft area are engaged in illegal activity?. If not, then providing two alternatives for the same purpose is not the act of generating confusion and creating ground for exploitation. Because, practically the maintenance charge increases (electric, cleaning, drainage etc.) as area increases. For example, if a society comprising fifty, 500 sq ft flat then the total area will be 25000 sq ft. And if a society comprising ten 500 sq ft, twenty 1000 sq ft and twenty 1500 sq ft flat which is very common then the total area will be 55000 sq ft. In such a case the equal maintenance means the people having 500 sq feet flat area are paying maintenance for increased 30,000 sq ft area, is it not legal extortion?. In a society where people take extreme steps over small-small dispute such as live burning, such type of legal remedies are not giving an encouragement to antisocial elements. Kindly advice whether this matter is suitable for PIL or not.


Asked on 4/30/08, 1:44 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Legal extortion by a co-op societies

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Answered on 5/01/08, 5:51 am
Vivek Mapara Vivek N. Mapara

Re: Legal extortion by a co-op societies

A society is a seperate individual body, having its own bye-laws and rules. Society has to Charge maintenance as provided in its bye-laws and rules. If in the bye-laws it is stated that maintenance will be charged at fixed rate, then that rate has to paid.

On becoming member of the society, you accept all its terma and conditions and also its bye-laws. So your bound by it. Now if you feel that such charging is arbitrary, then proper course is to challege such clause before the court of law, otherwise there is not way out. PIL is not a remedy for this.

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Answered on 4/30/08, 2:44 pm


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