Dy registrar
sandeep
(Querist) 26 February 2018
This query is : Resolved
The society was levied the bmc penalty of Rs 35,000 in maintenance bill in January 2012. I asked the copy of the bmc penalty but society is still failed to show the penalty copy received from bmc/mcgm. The penalty of Rs 35,000 is levied on only me and showing aa a arrears in maintenance bill from January 2012. The society was filed the recovery application under section 101 of MCS Act, in 2017. I filed written statement and show the correspondence with society from 2012 and also brought to the dy registrar that society was not annexed any letter of bmc penalty applied on spxiety. But dy registrar ia allowed the application and passed the order against me. Now what option i have if I don't want to pay the 50% amount and go for the appeal? Should I take any concrete action against dy registrar for passed an order without any documentation annexed with application by society?
Guest
(Expert) 27 February 2018
Of course in the absence of proof of penalty by the BMC, the order of the Dy, Registrar is invalid. But, you take any action against the Dy. Registrar unless you prove some very serious irregularity on his part due to any prejudice against you. So, instead of adopting some wrong track, better go for appeal in the competent court of law.
Dr J C Vashista
(Expert) 03 March 2018
You have concealed material information for consideration, analyses, forming an opinion and advise by experts therefore, it would be better to consult a local lawyer.
