Maintenence charges

Sanjay Kaul (Querist) 20 August 2013 This query is : Resolved
There has been delay from me in providing the maintenence charges. I am not residing in my property and have rented it. Earlier I used to pay through online - NEFT but suddenly Society changed the bankers and my couple of transactions bounced back. I was not informed about the changes. Plus there was changes in the managing committee. No such communication was sent to me or my tenant. Suddenly last year I received a call from society and informed that I have been penalised for approx 10, 000 Ruppes inlcuding late fees and penalty. My stand was that I have no communication for penalty and late charges and am ready to pay everything except penalty. Since last one year this discussion is going on and so far they have been adjusting my payments against interst and penalty and not maintenence charges. Finally few days back , I discussed and they agreed to clear all my maintenance charges (actual) and are showing 12,000 as penalty and later fees charges, which is still under dispute.
I want to know legally whether my stand is correct that I have not been informed about changes.
Secondly, as per society managing team, there obligation ends once they put notice on club notice board.
My request to you is to advise me so that I can take the correct stand

Regards,
Sanjay Kaul

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ajay sethi (Expert) 20 August 2013
society can charge interest at 21%for late payment of society dues . bills are to be sent by the society at the address mentioned in the society records .

if couple of your transactions bounced you ought to have adressed letter to society regarding the same .

arrive at an amicable settlement with the society . if you go to court you will spend more on legal fees .

Nadeem Qureshi (Expert) 20 August 2013
agree with expert

Sanjay Kaul (Querist) 20 August 2013
Thanks for your replies Sirs
My querry is more related to the communication. Is it their obligation to send communication or their obligation ends after displaying it on notice board

Guest (Expert) 20 August 2013
Rightly advised by Ahri Ajay Sethi.

ajay sethi (Expert) 20 August 2013
read the rply carefully . it has to be sent at address mentioned in society records for communciation . if you had informed the society in writing to send it at the flat given on rent society responsibility ends whn it is sent at said address .

Sanjay Kaul (Querist) 20 August 2013
ok thanks Mr. Ajay. Since in this case no communication was made to my society flat address. This is my concern. Feedback given to me was that obligation of society ends once they display on the notice board

Sanjay Kaul (Querist) 20 August 2013
one more small querry is regarding penalty and interest charges. while going through the article on co-operative Housing Societies in the Maharashtra State Under section 79 (A) of the Maharashtra Co-operative Societies Act, 1960 dated 15th October, 2011 and your message, I find that max interest can be levied upto 21%, does it include penalty as well interest charges