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Can society charge 10% of the electric bill for using lift by kids using lift for coming to tuition

(Querist) 21 August 2014 This query is : Resolved 
we are living in andheri and we have 18 member in all we stay on 8th floor my wife is teaching drawing /Art to small kids but society committee has raise objection and in AGM without agenda they discuss the use of lift by small kids and minuted that under the head COMMERCIAL USE OF FLAT :- the misuse including damages to elevators by children attending tuition condected by member and other related issue including parking by parents further it is written after extensive deliberations it was decided that that all the damages in terms of escalated electricity expenses and lift maintenance expense due to use of elevator by children be recovered from the member.further decided to collect on trial basis 10% of the monthly common electricity bill and 20% of the lift repairs and maintenance expenses(other than regular AMC charges) to compensate the damages to society dueto commercial use of the flat by us.the committee was instructed to intimate the same to the member(that is us) and ensure that the member do not construe this collection fro them as any protected or obligatory rights created in their favor.we are seeking your legal opinion as all the small kids coming for tuition to learn drawing is of the age group of 4 to 10 years and all are from good family and nobody has damage the lift how the committee can discuses this without agenda of the AGM and in our absence it was decided within few members and because of some few biased and prejudiced age old committee member they have minuted the same to create problem for us in future ?please advice us in this issue that can anybody take objection for a woman who is giving tuition within our flat to earn her livelihood ? and can a committee pass such resolution which is direct attack on right to do lawful activity ? can society charge such lift expenses or repair maintenance ? as mentioned above? one more point we would like to highlight that before we came to the society 2 years ago there was old building redeveloped and out of 18 new member 9 were old member and are relative and one member was already running coaching classes to teach french/ Japanese languages and other activity and they even put a banner also within society but nobody has taken objection for that but we are targeted intentionally by few committee member for the reason best known to them so please advise me what should we do and what reply should i give to them i will be highly oblige .please treat this as most urgent and reply Thanking you Bhavesh
ROHIT SHARMA (Expert) 21 August 2014
Dear Bhavesh Gandhi,

1. This seems to be unfair practice. Even when visitors come to another flats, then why not the flat owners who receive guest too can be charged in similar manner. What about the news paper vendor and other visitors? This is certainly a discriminatory order. Refuse to pay such money unless such resolution is passed by the A.G.M. with full deliberations. Be tactful and avoid arguments but do have some kind of representation made with an effort to resolve the issue. Gather some support from good neighbors. Giving tutions in private residence is not prohibited nor does it needs any local authority permission. It is not an commercial activity since no public place is used.
ABDUL RAZIQUE (Expert) 21 August 2014
I agree with Rohit Sharma Ji Opinion. so nothing more to add.
Sudhir Kumar, Advocate (Expert) 22 August 2014
agreed with Mr Rohit Sharma. I will only differ that illegal demand is illegal even if passed by AGM.
Rajendra K Goyal (Expert) 22 August 2014
Agree with the experts.
V R SHROFF (Expert) 22 August 2014
If passed by AGM; can challenge in co-op court.
malipeddi jaggarao (Expert) 22 August 2014
I beg to differ with the opinion of experts. The resolution is passed in AGM though the topic is not included in Agenda. There is no wrong, when States in Union of India can be bifurcated by placing the item as table agenda before the cabinet, what is wrong if it is placed before AGM under "any other matter"?
When you are in 8th floor and children are frequenting to 8th floor for tuitions, definitely it will increase the electricity bill. News Paper vendors and Milkman, Servant maids are providing common service, but the students are receiving service from a particular occupant of the flat. 10% of common electricity charges on trail basis can be tested for one or two months if you feel that it is burdensome, you can represent it later vis-a-vis the income by such activity and charges. %age of lift repair charges is exclusive Annual Maintenance Contract. How many times you will pay lift repair charges apart from having a regular AMC?
According to me the proposal appears to be reasonable. However, if you feel that the decision is discriminatory,after you receive the notice and discuss in the coming - Meeting asking them why you are singled out when others are using the lift for similar purpose.
You should also understand if everybody uses like this what would be electricity bills and repairs to lift?
I do not find any legal solution as the demand appears to be genuine, I am not speaking about the quantum/percentage as you have not given the details of income and number of kids using the lift and number of times in a month. Only solution is discussion in the committee. For every trivial matter do not rush to courts, they are already overburdened.
Shonee Kapoor (Expert) 22 August 2014
I would agree with Sharma Ji, this seems discriminatory.


Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
P. Venu (Expert) 22 August 2014
The solution to the issue depends on the facts and circumstances. Whatever their justification, the society should have cited their cause and sought your explanation before imposing the additional charge.
T. Kalaiselvan, Advocate (Expert) 27 August 2014
I think expert Mr. Jagga Rao's opinion and advise are found to be suitable under the circumstances.
malipeddi jaggarao (Expert) 27 August 2014
Thank you Shri Kalaiselvan ji.
Advocate. Arunagiri (Expert) 27 August 2014
I am also of the feeling that the additional charge by the Society is reasonable. At the most the aggrieved member can request to reduce the percentage, but should come forward to pay additional maintenance.
Bhavesh Gandhi (Querist) 27 August 2014
if this is the case why the same notice was not issued to earlier member of the society who is running classes on the 5th floor was never given such notice in fact they have putted board also on the front of the society 's main gate but just because they are among the family they don't utter a word for such things and if doctors or a lawyer running his/her office which is aloud as per the bylaws and even there was a judgement where the yoga classes running in the society member house where court says it is not a commercial activity and just because some member feel that it is nu sense to other member it can not consider as commercial activity at all and in that case around 70 people were coming for yoga the case was from pune area .
in our case they are trying to construct some legal base on a false allegation with melafied intention to defame us .
AGM was on 4th of august and we have not attended the meeting and we were given the minutes of AGM on 16th or 17th of august and one more story from the one single committee member that something from the top people are throwing and we are staying on other part and this fellow stays on front but to target us he said there are no other children comes and the thing was thrown by a kids from a refuge area which is closed always and they come for just one hour so how is that possible that small kids go to refuge area throw half filled coke bottle or other thing from top to ground and come back to the other side and sit quietly ? this is without logic and even a common man can understand that small kids are not aloud to bcz they might fall as the area is open more over they can chk with neighbor where the refuge area is adjoining and not a single kid has gone there till now .
please help me to give proper reply as this is defamatory statement for us and without any proof or evidence it was circulated to the member with personal grudges and wrong intention of one individual so creating new stories to prove that it is a nusence to the society and life threat to all other society member and the security staff also.
malipeddi jaggarao (Expert) 27 August 2014
Why did not attend the AGM? It is the forum where you could have represented the discrimination or defamation or whatever you call it.
Why majority are against you only and not against others? We are living in the society and living in flats is more than living in the society.
Anyway, you have been sufficiently advised by experts explaining both sides of the coin. Now it is for you to have reconciliation or to fight. If you choose to fight, you can as well contact a local lawyer, who can draft a legal notice and send to the President/Secretary of the Society.
Bhavesh Gandhi (Querist) 27 August 2014
i could not attend the AGM bcz we have gust in our house that day and we do not have the hint also that this would be discuses without agenda else i attend all meetings .
majority 9 member are from one single family and classes are run by their own family member only and all committee member are from their own family as ours was redeveloped society and only 9 new member are added and we are one of that and only 13 member attended the AGM .
malipeddi jaggarao (Expert) 27 August 2014
If you feel that there cannot be any reconciliation, better you send a registered notice with ack.due narrating all that you have said in thread and ask the Committee to withdraw the demand, indicating that you are ready to discuss the issue in thread bare on a specific date and time as desired by them. If this also does not yield any positive response, you can think of serving a legal notice for discrimination.
My suggestion to you is the matter can be solved by deliberations instead of resorting legal recourse.
Sudhir Kumar, Advocate (Expert) 27 August 2014
"majority 9 member are from one single family "

they might be having 9 flats?

is it such a small society that nine members become majority.
Hemant Agarwal (Expert) 06 October 2014
1. It is a lawfully established fact that a Coop. Hsg. Society, has to mandatorily function under the preamble called as "Mutuality & Equality". Nothing more. Period.

2. The above ALSO means that the Levy of excess Services Charges (for whichsoever AND whatsoever reason) to selected members, in their bills, would be "discrimination & arbitrary" and against the principles of Cooperation.

3. The member may just simply deduct the excess Service Charges and pay the usual Service Charges to the Society, by cheque + a covering letter, stating the fact, EVERY month.

4. Somewhere down the time-line, the Society will attempt Recovery proceedings u/s 101 of the MCS Act, before the Coop. Registrar .OR. the Coop. Court. Here the authorities will not be able to give ANY favorable order to the Society IRRESPECTIVE of any General Body Resolution of the Ghetto members of the Society.

ALTERNATIVELY, AFTER a year, File a complaint before the local Consumer Court, against the Society for Levy of excess Services Charges, terming it as "discrimination & arbitrary", deficiency, negligence, harassment and so on .... and claim damages and compensation from the Society.

Keep Smiling .... Hemant Agarwal

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