Compulsory charges of society on tenants
Rohit Telang
(Querist) 12 October 2018
This query is : Resolved
I am residing as a tenant in Kandivali East,Mumbai for the past 2 years.Before granting
NOC for tenancy the society told me to pay Rs.8000/- per year for swimming pool and gym.Although I told them that I do not need those facilities the society office told me that its compulsory for the tenants to pay whether they use the facility or not.The owners are not charged anything as they had paid onetime for this when they purchased the flats and in their maintenance bills no amount is charged for this.The society refuses to give receipts for the same.I paid by cheques. What is the remedy for me to recover the amount.Can I complain to the dy.Registrar?
Isaac Gabriel
(Expert) 12 October 2018
You are one among the members by virtue of the tenancy, therefore you can file arbitration under the coop.society act with the registrar for the recovery of the amount paid in excess of the rent.
Dr J C Vashista
(Expert) 13 October 2018
What is the policy of Society qua swimming pool and gym charges to be collected from tenants and owners?
Whether other tenants are also being charged ?
Consult a local lawyer for better appreciation of facts, policy and analyse the same before forming an opinion, guide and proceed.
Kishor Mehta
(Expert) 14 October 2018
You ask your landlord whether the extra charges, as described by you, have been sanctioned at an AGM. If such charges are sanctioned by resolution at the AGM then you have to pay these. You are only a nominal member by virtue of your tenancy and do not have any legal authority to challenge the Society or to approach the Dy. Registrar of Co-Op Housing Societies with a complaint in the matter.
Hemant Agarwal
(Expert) 09 November 2018
1. FIRSTLY give proper Legal Notice to Society for non-use of the facility and the illegally collected amounts. Based on the Rent agreement, you can file a grievance petition before the local Consumer Court, for relief and damages, for the harassment, negligence & deficiency of the Society.
2. You can also file Police FIR, for intimidation and extortion against the Society.
Keep Smiling .... Hemant Agarwal
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