Housing society
Leon Joseph D Costa Correia
(Querist) 22 April 2014
This query is : Resolved
My society is charging me rupees 500 instead of rupees 150 as parking charges once my outstanding has crossed 10,000 and also an interest of 21% on the outstanding amount. They say it was passed in an AGM. But the housing society act says that the AGM can only pass resolutions as per the bylaws of the housing society act which clearly states that they can only charge 21% interest on the maintenance charges. Is not parking charges part of maintenance charges? Secondly there is no consistency in their billing. The first time I cleared all dues, an then purposefully let my outstanding go beyond 10000 but this time they did not charge me till I crossed 25 to 30 K. Their contention is that if they put a penalty people will pay up, but the list of defaulters clearly show that there are people who haven't paid from when the society was formed. also is it not discriminatory that people can have cars but not pay maintenance and only charge this illegal penalty for people owning cars.
ajay sethi
(Expert) 22 April 2014
parking charges cannot increase beyond amount fixed by society in its AGM . it cannot jump from Rs 150 to rs 500 . however society is entitled to charge 21%interest on total outstanding dues .
T. Kalaiselvan, Advocate 
(Expert) 24 April 2014
You have to discuss the matter in the next AGM along with all the affected members raising their voices against the atrocities by a few office bearers. The bye law should be made to prevail n such issues, if the existing office bearers are not listening to the woes of affected members, in the next meeting decide about electing new office bearers.
