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Amit Desai   09 August 2023

Society charging different interest rate from members

Sir
Some members in our coop housing society in Andheri have not been paying their monthly society maintainence in time
This is causing lots of problems
I also asked the society that when we dont pay you charge us interest of 3% monthly and when the other members are defaulting you dont charge any interest or sometimes 1.5% only.
I want to put  case on my society as they are charging different interest rates from members of the same coop housing society
I also want to know what is the rate of interest a society can levy on members who dont pay their monthly maintainence on time. Is this simple interest or compound interest.
Also is there any provision of allowing defaulting members to pay their outstanding dues without charging them any interest or by letting go of interest.
If so under what provision of Maharashtra societies act.

Regards

Amit Desai
Andheri Mumbai



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 August 2023

The society cannot show discrimination towards its members, and it cannot collect different amount towards maintenance from different members of the society

You can make a complaint with Dy. registrar and get the society itself dissolved 

Dr. J C Vashista (Advocate )     10 August 2023

Issue notice to the society for charging uniform rates.

Real Soul.... (LEGAL)     10 August 2023

You need to see the byelaws of society , however even though you can file writ petition for such uneven treatment , you must have proof to show that the cosity is discriminating 

P. Venu (Advocate)     10 August 2023

In the first instance, you may try to get the matter resolved through the General Body.


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