Maintenance charges in society
Abhimanyu Bind
(Querist) 25 September 2016
This query is : Resolved
Hello Experts,
I'm living in a society in my own house, still many of the plots are vacant here. Our society comes under Village Panchayat.
I pay my all dues directly and timely, dues like Electricity, water, sewage (it's when maintenance work required). We don't have a well constructed boundary around society, no gate almost nothing. We got constructed a common single cement road 7-8 month ago which is damaged now due to use of poor material in construction, no one in society questioned on this issue.
We have registered society but there is no working committee, no president, no treasure have been chosen, although few of society residents have started collection of maintenance charge every month, they said they will construct Road, Garden, will install street lights in some part of society etc.
They also have collected a good amount from society, few years ago but in between they stopped collection and now have started since last 2 months again. How much exactly they collected earlier and what they did with that amount none have idea!
Now, my question is, whose duty it is to construct basic infrastructure like road, street lights etc in any society?
(Point of maintenance come only after when these infrastructure is available in society).
I told them (as per my basic knowledge) it is duty of local MLA to do development work in his area but they insulted me and said "it's all bookish thing, be practical and pay charges, we all have to do all these development work by ourselves" they didn't listen a single word of me, are they at right side?? If so, then why we pay many kind of taxes, why we choose MLA? If MLA or Gram Panchayat is not ready to provide basic amenities.
They also said me to go and talk to MLA directly myself as they are not interested to have communication with MLA!
I contributed some money voluntary for festival (and always contribute) like GARBA when they demanded but they are forcing and threatening to pay monthly maintenance charge, they have collected a good amount from the society but I don't know which kind of maintenance they are doing.
They come and make nuisance on my gate and shout a lot to pay monthly amount regularly.
Please suggest how to get rid of with this trouble?
Thank you in advance for your valuable suggestions.
Raj Kumar Makkad
(Expert) 25 September 2016
It shall be better to bring the issue of forming the management of your society so that all such problems may be sorted out for ever. Members of your society who are collecting money are somehow correct when they say that development work within the premises is not the duty of local MLA. Why State should incur the money in private premises?
You can demand the details of income and expenditure in writing failing which make a complaint to the registrar and even then if you don't get solution, file a writ against registrar before high court.
adv.bharat @ PUNE
(Expert) 25 September 2016
Agreed with expert opinion.
If u act as per expert suggestion then u will be definitely benefited.
1) Either file complaint before the SRO.
2) File writ before the Honourable High court.
Rajendra K Goyal
(Expert) 26 September 2016
Ask in writing regarding income and expenditure of the society.
Lodge complaint with the Registrar for irregularities.
Abhimanyu Bind
(Querist) 26 September 2016
Thank you all experts for suggestions.
Now my question is, whom to address the letter asking income and expenditure detail when there is no working body on paper, no positions holder, no written responsibilities has been assigned to anyone?
Can it be considered as irregularity in law and complaint can be filed?
(There is also a rumour that someone out of these people who collected money 2 years ago have misappropriated the fund and now that person is not in the group who has started collection of funds again, none of the society members have courage to ask about as the group members are powerful people of society.)
Rajendra K Goyal
(Expert) 26 September 2016
Write to Secretary / president of the society.
Can use RTI to get some information from Registrar office.
Raj Kumar Makkad
(Expert) 27 September 2016
Why don't you come forward and make a complaint to either the registrar or the police authorities?
