Society ccharges
Sachin Vanjara
(Querist) 06 June 2016
This query is : Resolved
Dear All,
Co-Operative Society is charging double for Facilities like GYM, Swimming Pool etc. to owner and Tenant as well.
They are also charging Rs. 10,000.00 one time charges for leasing the apartment as well.
My apartment is in Mumbai.
What I can do in this case, as they are saying it is being passed in General Body meeting. But I was not present or invited or informed by any mean.
I am a Non Resident and leas my apartment, but after
society is formed all this started by committee members.
Appreciate feedback!!!!
RAVI K GOUD
(Expert) 08 June 2016
It is the duty of the Society to inform you (being the owner of the flat)about the schedules of the meetings, resolutions passed in the meetings.
If you are the member of the Society its your option to attend the meetings or not, if you are informed about them.
If you are not informed in writing as you are away, you can question the Society in writing about your problems.
If the problems are not resolved then you can write to Registrar who is the authority for the Societies.
It depends mainly on how either party co-operate with each other in the society. So first speak with society members.
Rajendra K Goyal
(Expert) 08 June 2016
Discuss with local lawyer and file complaint to the registrar of the societies.
Adv. Sagar R. Jadhav
(Expert) 08 June 2016
You must write letter to society first and then you approach to the concern registrar of society for your problems with all documents whichever you have.
Sachin Vanjara
(Querist) 08 June 2016
Thanks for response.
Now my question is that society is charging Gym, and other facilities to me as part of quarterly maintenance and they will charge 15000.00 to tenant if he wants to use gym facilities.
This way society is charging double for Gym and other facilities to owner and tenant.
What I can do for double charge?
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
Society cannot charge from you as well as the tenant both simultaneously especially when you dont use it at all. You may refuse to pay the charges let them curtail the privilege.
Dr J C Vashista
(Expert) 12 June 2016
@Sachin Banjara,
You are a member of the society or tenant?
If you are a member, did you attend and participate the meeting when decision to the effect that what shall be charged from member and what from a tenant? If you are a tenant, discuss with your landlord since the society do not entertain "occupant/non-member(s)".
As you stated society is charging double for facilities...., please clarify double of what amount/rate? How did you calculate equal and double? Did you lodge your complaint before the managing committee of the CGHS, if you are a member?
Since the cooperative societies are working/operating on the principles of ?No profit no loss" for its members (see Cooperative Societies Act, Rules and the bye-law adopted by your society) hence the managing committee (generally) do/should and can not charge for making profits; if it is there, lodge a complaint before Managing Committee and Registrar Cooperative Societies of your State.
If no action is taken within a reasonable time or you are still dissatisfied file a writ petition through a local lawyer.
Hemant Agarwal
(Expert) 15 June 2016
Kindly prefer to visit the following link, for answers to most of your queries:
http://www.lawyersclubindia.com/articles/Non-Occupancy-Charges-in-a-Society-5705.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
RAVI K GOUD
(Expert) 15 June 2016
I appreciate Mr. Hemant Agarwal for giving the useful article on Occupancy Rights of the members and their nominees etc. Its good...
