V Gupta (n/a) 21 September 2016

Mumbai housing society wrong intentions

There are multiple issues with the housing society in Mumbai

1. Elections - Notice of AGM was sent to all members but AGM was not held in that day. It was held after 1 week and no notice of new date was given to all members. It was intentionally not sent the notice to some members who were not happy with present members and hence those members were kept away from AGM. are these elections null and void ?

2. Notice - after the elections, AGM of 2 years were held again without sending any notice to members. what are the rights of members in this scenerio ?

3. Interest - AGM had prescribed 30% interest rate and which is calculated every quater which puts interest on previous quater making it even above 30%. Society said that 30% interest is passed in AGM. I guess maximum of 21% of interest can be charged which has to be simple interest. Is 30% compount interest legal ?

4. Due - for some time there was delay in maintainance due to living in other city. we started to pay monthly maintainance for last 2 years and we sent emails to society to provide the dues amount to clear it. But society not given any statement for the dues. without knowing how much to be paid (with 1 year interest) how someone can pay ? can soociety ask for interest for these 2 years for society fault ?

5. NOC for loan - We have to take loan for repairing of house and also for dues but society is refusing to issue NOC for the disputed dues mentioned in point 4. We are paying monthly maintaincne for last 2 years still can society refuse to give NOC ?

please provide your valuable help and if there is possibility of raising legal case then guide accoringly.

Reply Follow

3 Replies

adv.bharat @ PUNE (Lawyer) 22 September 2016

1) If majority will held the election i.e. 2/3 rd then it is valid other wise not.

2) Member have right to get intimation of notice in advance for 7 days.

3) The rate of interest is sole discretion of society members.

4) Member have rigth to know about their pending due. It is society's responsibility to intimate the member about the pending due for maintenance. Society can ask for pending due if they have intimated member about due pending in advance for 7 days.

5) Society have right to give NOC only after clearing the due of maintenance.

6) Monthly maintenance payment and pemnding due are two different subject it is never link in any way.

If u like my suggestion then GIVE THANK on my profile for above adivce at free of cost.

1 Like

Kishor Mehta (CEO) 22 September 2016

Sir/Madam,

You may send a descripttive written complaint covering all the above points to the Managing Committee of the society and demand an explanation, forward a copy of your complaint to the Dy.Registrar of CHS of your area. Follow it up after about a fortnight with an application under RTI to the Dy.Registrar of CHS.

Society can not charge more than 21% interest under Bye-Law 71 of CHS, the AGM of the society has no right to enhance the rate of interest arbitrarily, unless it has received a written order from the Dy.Registrar's office sanctioning the enhancement resolution.

Good Luck,

Kishor Mehta

1 Like

V Gupta (n/a) 23 September 2016

Originally posted by : adv.bharat @ PUNE
	VG 1) If majority will held the election i.e. 2/3 rd then it is valid other wise not. 2) Member have right to get intimation of notice in advance for 7 days. 3) The rate of interest is sole discretion of society members. 4) Member have rigth to know about their pending due. It is society's responsibility to intimate the member about the pending due for maintenance. Society can ask for pending due if they have intimated member about due pending in advance for 7 days. 5) Society have right to give NOC only after clearing the due of maintenance. 6) Monthly maintenance payment and pemnding due are two different subject it is never link in any way. If u like my suggestion then GIVE THANK on my profile for above adivce at free of cost.

Thank you Advocate Bharat for point wise quick reply

1. The majority never turns up :) they passed it by using available quorum.

3. I have doubt on Interest. as Mr Kishor Mehta pointed out I read the Maharastra housing society act and it states 21% maximum with simple interest. so society can pass anything less than this but can not ask more than 21% even if act gives this power to AGM because then society can voilate the act itself.

5. The society given the NOC for other members but refusing only for us. THis is proven harassment. How can we report this ?