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Jeeneesha (trainee)     22 June 2010

CHS harassment

I, the owner of the flat in CHS, am parting tuition to the pupils in my house past many years. All of sudden in one AGM not attended by me due to family matter, the society decides to charge double monthly maintenance to me. Society has also charged me for non-attendance of said AGM in the monthly bill.

 

Upon receipt of bill with double charges (stating under misc. heading for running classes) I wrote letter to the Secretary for written notice/ resolution and relevant sec or bye law under which I am charged.

 

After another reminder letter for the written notice, I was handed over the zerox copy of two AGM one of 2007 and other 2009, where they decided charging double maintenance for commercial activity. Please note I am giving private tuition to school going children of different std., it is not classes. However, I requested them for relevant bye law and copy of society bye law which is not furnished to me till date and reason for not charging other members/ tenants who are actually carrying out such activity.

 

I wrote a letter to Deputy Registrar, Wadala, informing that I am aggrieved by the resolution of the society and hence request the society to not impose any charges on me as I am not doing any commercial activity in my house. I also informed the registrar that in fact there are others who are actually conducting commercial activity in their house and are not charged and some are tenants. It is only me in the society who is being charged.

 

Till date I have not received any response from the registrar and society is charging me double maintenance every month along with the interest.

 

I inspected books of society and requested for certain copies (they are documents stating certain members extended flat area without any permission) which are also not furnished till date to me. This is all done intentionally to mentally harass me.

 

I live hand to mouth with my husband and daughter, its not possible for me to pay the amount. Moreover, I think, I am not conducting any commercial activity.

 

Hence, I request to please suggest necessary mode of action to be taken by me to stop such charges and whether I am correct or not. Is consumer court to be approached.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 June 2010

First issue legal notice to the society to withdraw the notice issued to you regarding the double charge.  You can also file injunction suit against the society as not to obstruct to carry out the tutuion.  In the case you can said eeeverything about what discrimination they are doing with you.

Jeeneesha (trainee)     23 June 2010

Thank you very much for your valuable advice.

If possible kindly let me know whom to approach for legal notice in mumbai as she reside there.

Once again thanking you


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