Society garage
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
This query is : Resolved
My Father Has Purchase Garage from Builder in 1993-1994 and proper agreement, stamp duty was paid and garage is also shown in the approved plan of the society and in blue print map of the society their after society was formed at the time of formation society has not included my father as a member and now also society not wiling to give membership stating that builder cannot sold garage to those who dont have flat in the Society and outsider. Committee members are collecting Major Building Repair fund and other Funds from us and still also not giving membership to us, and they are also charging interest @ 21% p.a. on outstanding dues and Charging interest on interest every month to month basis
Can Society
1.Charge interest on Interest that is can collect interest on cumulative basis
2.Can Society Collect repair funds and other funds without giving Membership
3.is the argument of committee member is right about the sale of garage to outsider
4.what re middies we have against the society argument regarding not giving membership
P. Venu
(Expert) 07 October 2014
Had you applied for membership?
Rajendra K Goyal
(Expert) 07 October 2014
1. Interest can be charged as per bye-laws of the society. If aggrieved, file case.
2. Repair and other funds are to be collected from members or who are using the services.
3. This was sold before the society was formed, if aggrieved society may go to court.
4. File case with registrar of societies if your application has been declined.
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
We have try to apply for membership but society is not at all entertaining us telling the same reason as You dont occupy any flat in the society so you are not liable for membership and builder has illegally sold Garage to you, builder can sale garage only to the flat holder of the society
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
Dear Mr Goyal can society Charge interest on Interest according my knowledge society can charge interest at simple rate of interest and not cumulative rate that is they have charge me Interest on interest
ajay sethi
(Expert) 07 October 2014
society is absolutely right in its approach . unless you have flat in society you wont be granted any membership . it is better you sell garage to any flat owner in society
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
But in my case we have purchase directly from builder with proper agreement and proper payment of stamp duty and their after society was form. Even in the approved plan of the Society garage is showing sepratly and even in the municipal recoed garage is showing sepratly
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
Can society force fully take the possession of the garage from us ?
MAHESH ZANZRUKIYA
(Querist) 07 October 2014
In the definition of the "FLAT" in Maharashtra co-operative Society Flat' means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment
garage is also included, so as per the definition we are the holder of the Flat and we can be eligible for membership ?
ajay sethi
(Expert) 07 October 2014
you may have purchased garage directly from the builder but you dont have flat in society . right to hold garage in society premises flows from your right as flat holder .
garage is meant for parking of cars by flat owners only . society can take legal proceedings against you
malipeddi jaggarao
(Expert) 09 October 2014
Garage is in your possession.
Society is collecting funds and charging you for its activities.
The question of cumulative interest/penal interest arises only when you do not pay the charges in time. Do not give such scope and pay in time.
You have registered document with you.
What will be your problem, if membership is not given?
Let the Society take action - what action it can take? Only the problem might be, you may not in a position to sell the garage to outsider. You are enjoying the property without any problems. Your problem is hypothetical. In case if you have to sell it away as advised by expert Mr.Ajay Sethi, you may have to sell it to one of the flat owners.
They cannot forcefully evict you, as you have registered document. They may initiate legal action for eviction and you have your own ground to defend the case, as the garage was sold by builder prior to formation of society, society allowed you for two decades.
MAHESH ZANZRUKIYA
(Querist) 09 October 2014
Thank you sir for your precious advice,
The Thing is that society is charging me major building repair fund as my Garage is situated in the society premises but not forming part of the society building, my problem is that they are charging all the fund to me in my maintenance with out giving me membership rights,which every other flat member are liable to pay but they are charging me with out giving me membership can they charge me with out membership?. I want to take electricity connection in my garage as i want to give my garage on rental basis but society is not giving me NOC for the same they are telling first clear all you dues than we will thing about the
malipeddi jaggarao
(Expert) 10 October 2014
What is the amount paid till now and what are the dues to be paid?
If you have paid substantial amounts previously, serve a legal notice on the society stating that it has been collecting the maintenance and not giving NOC and not giving membership. Both these acts are in contradiction of collecting the maintenance/repairs. Point out this and also stated that you have purchased the garage from the builder before formation of society and the society should have raised its objection with the builder immediately after formation. Hence they have admit you as member and give NOC for electricity connection and see their response.
MAHESH ZANZRUKIYA
(Querist) 11 October 2014
Once again i want to thanks for you precious advice
I have already paid 60000 to 65000 towards maintenance and I have to Pay 10000 three installment more for building repair funds.One more thing i would like to bring your attention that my Garage is of 160 sq.ft and they have charge me 30000 for repair fund on the other hand society has other flat holders having flats of 500 to 1000 sq.ft society has also charge him the same amount of installment that is 30000. when i have raised this quires to the society about the unfair means of allocation of repair fund at that time they have told me that they will recalculate the amount as per sq.ft and give return back the money if any excess paid by me. but from way they have told me about the refund of excess amount from that behavior their will not be any intention of giving fund to me
please suggest me any suitable way
what if i am not paying any installment towards repair fund is any default in my part
what can do if society raise his objection for not giving Garage on rental basis
T. Kalaiselvan, Advocate 
(Expert) 11 October 2014
You have legal solutions to all these. You may issue a legal notice to the society demanding membership on the basis of the maintenance charges being collected from you at par with other members of the society; to revise the maintenance and refund the said charges collected in excess in accordance with your plinth area of occupation; relief for other grievances too; on the basis of their reply you decide about next course of action.
MAHESH ZANZRUKIYA
(Querist) 19 February 2015
Now the Society has taken the lawyer advice that in your agreement every were "FLAT NO.GARAGE" means every were garage is mention so you cant use for other purpose you have to use only for car parking purpose and you can not let out the said premises to other. we are from 1998 onward using the said premises for storage purpose and at that time no one was against us but now my father financial condition is not good so we want to let out the said premises to some one for storage purpose but society is against us say you can not let out this premises as in all documentary every were garage is mention
But no were in agreement it is mention that it can only use for garage purpose builder has just given the said premises name as GARAGE
What happen if i give my premises on rental basis to someone can what action society can take against me and the tenet
please help for coming out this matter
MAHESH ZANZRUKIYA
(Querist) 19 February 2015
Society is not giving me the membership they say only one thing this your old matter it will take some time but do not saying how much time from last 7 month they saying only one thing IT WILL TAKE SOME TIME every month i am loosing rent of Rs 5000 per month
