About propery tax collection by co. Opp. Society

Querist : Anonymous (Querist) 17 August 2015 This query is : Resolved

I live in co. Opp. Housing society in mumbai. I have a query abt collection of property tax by bmc.

BMC collects yearly property tax from member of the society. Which is payable with deadline per semester. (50% Amount in 1st half - March To September & 50% Amount in 2nd half).

Also we can pay whole amount one time. After deadline crossed BMC charges 2% Per Month as a fine.

Our co. Opp. Society has combine account at BMC for property tax. Society pays it alltogether.

Society collects 'X' amount of Maintence Charge. Which is payable Monthly. (this amt is to be paid within 20 Days after that 10% Fine as per Rule set by AGM)
All the members pay this 'X' Amount on monthly basis.

One more Addition into this. Few members has 'Y' Amount of Extra property tax for using additional area). Which is payable once in a year and is a part of property tax to BMC.

Collection of 'X' amount And 'Y' Amount is taken place seperatly (X - Monthly & Y - once in a Year)

There is no Rule or provision set by AGM which can say that 'Y' Amount is to be paid within a fixed period nor fine is decided on 'Y' Amount.

Only a notification that Y amount is taken once in a year. No mention of deadline or fine if society pays it in advance

Now. While paying property tax Society can pay All the tax till september without any fine charged by BMC.

Here in my case,
I pay X+Y amount to society. I am regular tax payer of the society.

This time Society paid property tax in month of June. ( BMC drws property tax bill at 31 May)

I had not paid 'Y' Amount in June. (As per Rule set by BMC deadline is not yet crossed )

But Society asked to pay this 'Y' Amount within 20 Days with X Amount. ( This deadline is actually set for only 'X' - Amount)

I paid X amount. And asked query abt Y amount in written letter.

Society replied that Your query will be answered in coming Meeting. So I decided to wait for meeting & Dint pay Y amount in month of June.

Then society paid property tax to BMC in june itself and charged me fine on Y amount.

I asked managing commitee ( In written) that On what basis, they charged me fine as my query is pending with them and deadline is far away.

Society replied. "We are not paid workers of society. We can pay the tax as per our convenience. We have paid the tax early and your amount is bear by society. You did not paid this amount that is why we are charging you fine"

I asked them abt provision decided by AGM to collect fine on Y amount.

Managing commitee failed to show me provision ( fact is there is no such provision By AGM for Y amount)

After this debate happened. Commitee replied. X amount also has property tax included and extra property tax (i.e.Y amount) is part of it. And U have to pay a fine.

I raised a query again... Policy of Collection of X amount & Y amount is different. X amount collection takes place for a year On monthly basis. And for Y amount its once in a year.so how can you say that provision/ Rule set for X - Amount is also applied to Y amount.

Few selective members pay Y amount of extra tax & X amount. N other members pay tax which is part of X amount. If society can bear tax included in X amount while paying it in month of June then why they charged fine only on Y amount??

Commitee neither waited for deadline given by BMC nor created new deadline to collect Y amount.
What should i do??

I also tried to raised this in a general meeting but commitee did not make a solution on fine. And asking me to pay the fine.
Note - BMC deadline for paying tax is still on and also fine they charged is not relevant to BMC rule.

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H.M.Patnaik (Expert) 18 August 2015
AS per the facts & circumstances narrated above,the Managing Committee's action in charging fine on Annual tax component without prior notice is certainly illegal and beyond
its authority.

You can take up the issue with all documentary proof before the Registrar of Cooperative societies of your state for grant of suitable relief .