LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Victor (Manager)     15 February 2025

High penalties in maintenance

There is one gated community in hyderabad , for the defaulters  they are charging rs 400 every month until it is paid. This way lets say if the pending maintenance is for 3 months, i.e 10,000 rs the penalties is levied as 6000 rs.  In other words they are charging 60% additional amount in form of penalties as they say it is passed in GBM?

How this is justified for levying such heavy penalties ? what are the norms in such societies ??



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 February 2025

The resolution has been passed to this effect in the general body meeting then you are bound by the rules.

If you have any objection to this then you may take it up legally through the deputy registrar of cooperative society for remedy and relief.

But you may hardly get any relief.

kavksatyanarayana (subregistrar/supdt.(retired))     15 February 2025

What are the rules of the society as per bylaws and if there is such a clause of penalty you have to pay the same.  If you are aggrieved, you can report it to the Dy./Jt. Registrar of the coop. societies of your district.

Dr. J C Vashista (Advocate )     16 February 2025

Such penalty is exorbitant, however, prima facie it is an arm-twisting tactics of the Society which is equally applicable to all members, isn't it?

Even then, if you feel aggrieved you may ask  MC /society for such illegal resolution, if any and challange it before jurisdictional authority / Court through a local prudent lawyer.

P. Venu (Advocate)     16 February 2025

Any suggestion depends upon the law under which the Community is registered.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register