Penalty notice by society without prior ultimatum

Nisar Ali (Querist) 16 April 2013 This query is : Resolved
Hello,

I had given my flat on rent 9 months back. Few days back, suddenly I got a notice from soceity asking penalty because

1. My tenant had kept a sofa and a gril on society compount
2. Appointed watchman for cleaning his car.

Sofa and grill was ketp 4/5 months back.

There was no ultimatum or warning letter was issued to me or my tenent asking to remove the sofa, grill or usage of watchman.

What should we do?

Can you please advice on this urg.

Regards

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ajay sethi (Expert) 16 April 2013
any resolution passed by society that penalty be imposed in case any furniture is kept in society compound . if so you are bound to pay penalty .

ajay sethi (Expert) 16 April 2013
society ought to have issued you notice before imposition of penalty

Nisar Ali (Querist) 16 April 2013
Many thanks for your reply.

Please help in one more point.

Since there was no ultimatum or notice has been issued to me can I do something to avoid penalty because If they ultimate me I could have told my tentent to remove it immediately.

Is there any section in law which points in this area?

Kindly help.

ajay sethi (Expert) 16 April 2013
as mentioned earlier cross check whether resolution is passed in AGm before imposition of penalty covering these violations .

recover the penalty amount from your tenant . one of terms and conditions of your agreement would have been that licensee shall not create any nuisance or violate regulations laid down by society