Chs creating nuisance
Dnyanesh
(Querist) 21 November 2014
This query is : Resolved
A C.H.S in their general body meeting came up with some strange resolutions and are forcefully implementing them on the members. I wanted to know if these can be challenged and a complaint can be rgistered with the Registrar of CHS in Mumbai.
Some strange resolutions are as follows'
1) No paying guests to be allowed.(Violation of right to freedom)
2) If any renovation or painting work has to be done in a flat then INR 10,000 has to be deposited with the society as security fund & the same to be returned after 6 months. (On what basis is a question}
3) If anybody wishes to sell their flat viz; 1 RK or 1 BHK in the bldg. then that person has to contribute amount INR 100000 and INR 125000 respectively as a donation fee.This fee will be extra from the regular transfer fee.(Donation has to be vountarily and not forcefully.)
Can the above points be challenged or a complaint be registered. Please advise.
What can be a step by step procedure for this.
thanks,
Dnyanesh S.
Raj Kumar Makkad
(Expert) 21 November 2014
all the above-noted resolutions seems absurd and against the bye-laws of such CHS and if so then definitely any member can raise his grouse and complaint before the registrar.
ajay sethi
(Expert) 22 November 2014
resolution seeking to recover Rs 1 lakh as donation fee is unreasonable . society cannot force you to pay donations
ajay sethi
(Expert) 22 November 2014
deposit amount of Rs 10,000 is reasonable . the reason being when renovation work is done contractors and labourers cause damage to society property . the amount of 10,000 is adjusted against any loss caused to society property
ajay sethi
(Expert) 22 November 2014
as far as paying guests are concerned many societies in mumbai dont permit paying guests . you can give your flat on leave and licence if you so desire after obtaining prior permission of society and after police verification
Raj Kumar Makkad
(Expert) 22 November 2014
The main issue is remedy before the querist the answer is to approach the registrar.
T. Kalaiselvan, Advocate
(Expert) 25 November 2014
As rightly observed by expert Mr. Ajay Sethi, except the unreasonable amount of donation all other matters are found to be reasonable and prevailing everywhere, so you can raise protest on the donation issue, can raise grouse, make a complaint with the registrar if situation does not improves.
Dnyanesh
(Querist) 26 November 2014
Dear Sir,
Thank you for the advise.
