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Duru   31 August 2023

Society - maintenance and repair work fund

I lost my job w.e.f.31-12-2018, n facing financial constraints, started paying bi-monthly, this society starts imposing 21% late fee, much against 4 members opposing, my query: any sanction for imposing penalties required from regulating authorities, which bye-law applies to committee for violating, society comprises of 16 flats, n 4 shops in North Mumbai.



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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     31 August 2023

What are the rules/terms and conditions of the society's bylaws?  If it is permitted in bylaws to collect a penalty, you must pay.  Otherwise, you shall complain to the Dy./Jt.Registrar of coop. societies of your district.

T. Kalaiselvan, Advocate (Advocate)     01 September 2023

If your society bylaws is silent about this imposition of exorbitant late fee, then you may take it up by submitting a complaint to the registrar of cooperative societies about such illegal acts done by the MC and seek a direction to curb such illegal practices being adopted by the MC members.

If it is not effective then you may drag the society to the consumer forum seeking direction to stop such unfair trade practice and also ask for compensation for deficiency in service or file a suit before cooperative court to restrain the society from practicing such illegal indulgences.

Duru   01 September 2023

Thank you Advocate T. Kalaiselvan for a very prompt and a guiding reply, as i struggle in dark.. i hv interleaved my query in a portion of yr reply, in bold and italics 

If your society bylaws is silent about this imposition of exorbitant late fee ( I don't even know what this is suppose to be, is it a document i need to demand from Society Mg. Committee, during meeting even two members of one flat come and attend meetings, is this permissible?), then you may take it up by submitting a complaint to the registrar of cooperative societies members ( have written n pushing registrar to call for hearing of this committee, (BUT HE MERELY DOES JOB OF POSTMAN, THUS MULTIPLYING THE MISERY- ANYWAY TO ESCALATE THIS? PL OBLIGE ME WITH SOME CONTENT/ APPLICABLE SECTION, to enable draft a more CRISP LETTER TO REGISTRAR, ENSURING HE REPLIES- THANK YOU). If it is not effective then you may drag the society to the ( some basics to take the complaint to next level - legal, as registrar n beyond appears extra time consuming), 


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