Lavjeet" :
1. IF the Society is not Registered with the Registrar of Coop., then the society is an invalid authority and has no right "WHAT-SO-EVER" under the MCS Act.
2. If the Society does not have a registration number given by the Registrar of Coop, then there is no such thing as "Society", under the MCS Act.
3. All acts done by the so called society ad-hoc committee members is "criminal breach of trust", without any legal authority.
4. There is no such thing called as "privity of contract" between the ad-hoc committee and the owner of the premises, under the MCS Act.
5. You cannot approach the Consumer court for any relief, since the opposite party (service provider) has itself no locus standi in law. The service provider is not the Society ad-hoc committee. In this case the service provider is the Builder.
6. Please note that unless the Builder conveyes the title rights of the premises to the society (that to only to a registered society under the MCS Act), the so called society has got no rights on such accurals from the property (club house ...). The builder CANNOT convey the society premises to an unregistered society.
7. An registered society cannot demand any money with retrospective effect for the amenities used. Only an rightful owner can do so. Builder is the rightful owner. In this case the Society is not the rightful owner, till the builder registers the title rights of the premises to the society. Anything besides "legal and rightful" demand of money is "extortion".
8. By the above logic, there is no question of any "10% or 50%" non-occupancy charges that can be levied by the so called illegal and unauthorised society ad-hoc committee. Even if you have attended or helped in forming the ad-hoc committee, the ad-hoc committee is formed & members have only an
"understanding of convience", but strictly no legal authority or jurisdiction.
9. Please also note that provisions of "10% or 50%" non-occupancy charges are available under the MCS Act, ONLY TO A REGISTERED SOCIETY and NOT TO A NON-REGISTERED SOCIETY. By this logic, since the society is not registered, THE MCS ACT & RULES does not legally apply to the non-registered society ad-hoc commitee.
It also means that the ad-hoc committee CAN LEVY ANY AMOUNT as "non-occupancy charges", since they not be bound or will not be following any Law, as such. So in a way, you would be lucky that the society ad-hoc committee is not levying you with 100% or 200% as non-occupancy charges.
I suggest : You can engage the so called "egoistic" ad-hoc committee, under "various" provisions of the I.P.C.
BTW, I also suggest you to check out the "legality" of the Land ownership, the legality of the permission given to the builder, the plan, the sewage ducting plan, the water permission, the rates of electricity (commercial or residential rates ) other civic amenities permissions, given to the whole project.
Under the local Civic rules, only 500 litres treated water is provisioned for each citizen for personal use and consumption.
You cannot use civic treated water for the Swimming pool.
Swimming pool takes up minimum 50,000 litres of water.
HOW are you getting this quantity water for the swimming pool and how is the water disposed off without treatment. IF the swimming pool is of more than 24 inches, then there should be mandatorily a pool security personnel during the swimming hours. Confirm all this.
Keep Smiling ... HemantAgarwal
