Cooperative hsg. society
AAA Menezes
(Querist) 18 April 2017
This query is : Resolved
The Society with no bye-laws has been collecting maintenance charges inequitably.
I have been pursuing the matter before the Cooperative Courts since 1999. The Cooperative Tribunal (in April 2016) gave an equitable order to charge maintenance charges as per Rule 135 of the Goa Cooperative Societies Act 2001 and Rules 2003 (GCS) from date on which the said rule came into force, which is being resisted by the Society.
Rule 135 states: 135. Contribution for repairs and maintenance expenses. – A member shall pay contribution to the society at the rate per square metre of the built up area/supper built area or each unit as may be provided on an equitable basis in the by-laws of the society.
Some members of the Society, particularly those who are on the BoD (Management) have two flats or more besides garages, paying maintenance charges on the basis of one flat, are agitated as their pecuniary interest are disturbed and have gone to HC (thro’ the Secretary of the Society) to have the order quashed, by carrying out a colorable exercise.
The crux of the matter is that the Secretary of the Society occupies 2 flats and 2 garages; his 2 brothers also hold 2 flats and 2 garages each; their partnership firm has 3 flats and 3 garages. The partnership firm is unlawfully using the flats for commercial purpose without the permission of the Municipality. Collectively, the Secretary, his 2 brothers and the firm hold 9 flats and 9 garages (totally 18 units, [44%]) in the Society. The 4 members pay on the basis of one flat each, just like the 17 single flat owners in the Society, deriving pecuniary benefits and loss to the Society. Their maintenance contribution is an inadequately 9.75% of the expected revenue to the Society. The Society has 2 identical buildings with 16 flats each, 1 building with 9 garages, and 24 members - 7 members have 2 or more flats.
The Society has statutory right to appeal before the Cooperative Tribunal. Instead the Society has approached the HC knowing very well that I can ill-afford a litigation before the HC. The Society/ Secretary has engaged a high-profile advocate to fight their unjust cause, creating conflict of interest. The HC has stayed the operation of the order of the Cooperative Tribunal in WP under Article 227 of the Constitution of India. The rights of the 17 single flat owners are ignored and violated.
How do I get the stay orders vacated? Will the matter be decided by the same judge or how do I get a different judge to hear the matter afresh?
P. Venu
(Expert) 19 April 2017
Facts reveal that you have a good case. However, the matter is pending in the court and as such, the only solution is to defend the matter. As the first court has decided matters in your favour, things are much easy.
If unable to engage a lawyer, you can appear in person. The posting reveals that you are well informed of the matter and there may not be too much of any constraint.
Dr J C Vashista
(Expert) 20 April 2017
You have the only option to counter the submissions of other party through some local lawyer having face value before the bench in High Court.
