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mayank   01 August 2023

Penalty levied by society for usage of open area in front of shop by shop owners for display

Hello Sir, our society has been levying 1000 rs/day penalty if any of the shops use the open area in front of their shop by putting some racks/umbrella/ display of articles.

They say they've passed the amount in AGM/SGM

Is it legal to levy penalty for Usage of open Society area in front of the shop in Society where residential flats above the shops ? if yes, how much is the maximum penalty.

Can't the shop owners use the front open area fro temporary display of their articles during the working hours and if its vacated at the end of the day (during closing time)

The residential flat have separate entrance not hindered by the shops owners. 



Learning

 4 Replies

Isaac Gabriel (Advocate)     01 August 2023

Have they violated any condition/guidelines prescribed? Or on your own volition you paid?

mayank   01 August 2023

Most of the shops of total 10 were using the extra space to display their stuffs... we all using thespace had got notices.. mine amounted to toatl 1L around for 3 montsh of usage.... of which ive paid 50k.. they showing it as arrears in our maintenance bill and now also charing interest on it. 

P. Venu (Advocate)     01 August 2023

To my knowledge, it is impossible that the Society has any such legal authority vested them.

mayank   01 August 2023

We had got a notice before start of levying the penalty saying it is decided an agreed upon in AGM/SGM . then the charges was put on

 


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