Excess collection of non occupancy charges by society

ASHOK VAZE (Querist) 22 August 2016 This query is : Resolved
The Co-Op.housing society arbitrarily collected non occupancy charges(in excess of 10 % as per by laws). The Dy. Registrar office has sent order to the society to refund excess amount but the society does not obey order. The Dy. registrar office is not not serious and does not take further action.
Can I file complaint in consumer court against society for recovery of excess payment collected by society and Dy.registrar office for failure to use his powers(does this matter come under jurisdiction of Con. Court)?
Suggest what can be done.

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Ms.Usha Kapoor (Expert) 23 August 2016
Dear Client,

Approach consumer forum against the society as it has no legal rights to impose excess non occupancy charges.You can file a consumer complaint in consumer forum for recovery of excess non occupancy charges against the cooperative society.

Guest (Expert) 23 August 2016
Mr. Ashok,

Can you please clarify, failure to use his powers by the Registrar has been observed by you?

Kumar Doab (Expert) 23 August 2016
"The Dy. Registrar office has sent order to the society to refund excess amount but the society does not obey order."

Let Dy. Registrar know under proper acknowledgment of non compliance.

Rajendra K Goyal (Expert) 23 August 2016
Inform the Deputy Registrar accordingly.

Rajendra K Goyal (Expert) 23 August 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Excess-collection-of-non-occupancy-charges-by-society-613006.asp

http://www.lawyersclubindia.com/experts/Excess-collection-of-non-occupancy-charges-by-society-613011.asp