Dear Sirs,
I request your expert advice and professional opinion for the following:
Our Society has entered in to an agreement with M/s XXX Cable provider who has been exclusively allowed to provide Cable TV services. Also there has been passed a resolution in the General Body in the year 1996, gist of which is:
‘The Society will provide cable TV services from XXX Cable provider. The monthly charges are to be paid along with the maintenance charges. Any one who does not pay on tile will have to pay interest on the outstanding payment. Any one who is late in paying the same will be declared a “defaulter”.
My queries:
1) Can a Cooperative Housing Society grant exclusive rights to ONE Cable TV provider?
2) Can the monthly subscripttion for Cable TV be included in the list of maintenance charges?
3) Can the Society charge interest for a service which is provided by an outside Agency?
4) Can the individual who is late in payment of ONLY cable TV charges be termed as a “defaulter”?
An important issue is that our Society is on Collector’s land which was purchased in 1964 by paying an ‘occupancy price’. One of the conditions in the Agreement stipulates that our Society or any individual member cannot mortgage or sell or lease any block or part of the land without the prior permission of the Collector.
I will be highly obliged if you could provide me with your expert advice and professional opinion.
Thanks to all in advance.