Rajendra Kothari (Teacher ) 30 May 2017

Society can cutoff basic services?

I am living in jamnagar at registered co.op. housing Society. Society had collecting maintenance charges on monthly basis, and it is paid by us time to time . In 2012 Society had collect rs. 35000 per flat (total 36 flat) for renovation of all the the 3 buildings. I had paid rs.10000 as first installment after that renovation of my flat is not done properly so that I had protest and not paid remaining renovation fund. What ever maintenance charges was paid by me that the had consider as my part payment and they charge 1.5% compounded interest monthly, my demand is that to complete incomplete renovation of my flat and I will pay my un paid part. Now Society is giving me notice to pay all the dues with 1.5% compounded interest monthly or otherwise we will cutoff your basic services like water supply and swiper service. Municipal water connection on my name and municipal water tax paid by me. Water connection is in common water tank. In this situation can they cutoff my basic services? and what action I have to take? Please guide me.

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7 Replies

Ms.Usha Kapoor (CEO) 30 May 2017

CHS is within its rights to collect renovation CHARGES OF THE BUILDINGS FROM MEMBERS. iF MEMBERS DO NOT COMPLY WITH THE SOCIETIES NOTICE BASIC AMWENITIES WILL BE CUTOFF. bUT COMPOUND INTEREST IS ILLEGAL. iT HAS TO COLLECT SIMPLE INTEREST UP TO 21% P.A. iF YOU'VE GRIEVANCE REGARDING MAINTENANCE CHARGES OR RENOVAION YOU CONTACT DEPUTY EGISTRAR./Registrar.

Kishor Mehta (CEO) 30 May 2017

Sir, (1) You are obliged to pay the charges collectively decided by the Society, (2) Compound interest can not be levied by the Society, simple interest at the rate of 21% can be levied, (3) Society can not curtail essential services like electricity or water under any circumstances that is a criminal offence, (4) Society has to take legal steps to collect its dues from you. Good luck, Kishor Mehta

Rajendra Kothari (Teacher ) 30 May 2017

Thanks, Ms. Usha Kapoor ma'am and Mr.Kishor Mehta Sir. I am not deny to pay out standing , My queries are 1) Can Society merg two accounts like maintenance charge and renovation charge accounts. 2) Society can change interest 1.5% per month as monthly compound interest? 3) Can Society cutoff basic services when I am paying maintenance charges regularly?

Rajendra Kothari (Teacher ) 30 May 2017

Sorry for repeat. Due to network problem it was happen.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 31 May 2017

You have got correct advice. There is no question of mixing of any charges. Whatever are due to the Society are dues and you have to pay them. They can charge you penal interest at a rate decided by the General Body subject to a Maximum of 21% p.a. Your byelaws will say what are the levies applicable. The General Body can approve other levies too within the byelaws. If you have a complaint against Managing Committee you can write to the Dy. Registrar having jurisdiction over your Society. If you do not pay your dues the Society can apply to the Registrar for a recovery certificate. If recovery certificate is obtained the arrears can be recovered as arrears of land revenue.