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Harassment by society

(Querist) 13 December 2013 This query is : Resolved 
Sir/Madam,

I had purchased a 1000 sq.ft flat in a society developed onn collectors land. I was unaware of the MHADA laws that the developer cannot sell a flat admeasuring more than 700 sq.ft

I was duped by the developer and society as the allotment letter was duly signed by the chairman/secretary then.

Now since past 4 years after the posession of the flat I have not received the maintainence bill and they are forcibly demanding the maintainence amount.

What kind of action can I take against them? should I goto the consumer court fr cheating and selling beyond the laws?

I case I go to the court what kind of compensation will I get
ajay sethi (Expert) 13 December 2013
what is carpet area as per agreement ? 1000 square feet must be super built up area . check your agreement carefully .

have you been admitted s member?
Rupa Parekh (Querist) 13 December 2013
Agreement has 1030 sq.ft and yes i m a member
ajay sethi (Expert) 13 December 2013
if you are a member of society you are bound to get maintenance bill in your name .as member you are bound to pay maintenance .
Rajendra K Goyal (Expert) 13 December 2013
Agree, as a member you have to get bill and pay maintenance.
R.K Nanda (Expert) 13 December 2013
agree with experts.
Nishant (Expert) 14 December 2013
Kindly call me on +919699911372
Rupa Parekh (Querist) 15 December 2013
To all the Learned Officers

I'm aware that I should be getting the bill.

But few committee members are harassing me as I'm a single woman.

What kind of action/sections can we charge against them...

Pls advice urgent...

Simi Salooja (Expert) 16 December 2013
Dear Rupa.
1. which state and city you located in??
2. you would need to provide more details (as on what grounds are you unwilling to pay)
3. and lastly in any situation you have to take immediate action, coz if the society takes action against you, then you will be the accused.

Regards
Adv Simi
Mumbai
Rupa Parekh (Querist) 17 December 2013
Hello Simi,

I'm based in Mumbai.

To brief you in short...
I had purhased a flat admeasuring 1030 sq.ft from a developer on collectors land.

Not knowing that there is a cap in whch the developer or society cannot sell more than 700 sq.ft area to a single person as per MHADA rules.

Now I was allocated a flat admeasuring 1030 sq.ft signed by the chairman & secretary... the society was formed first and then the developer constructed the building.

So I have a Allotment Letter from the society, now I have taken the posession in 2009. at the time of posession I was told that the plan has to be approved so pls take 2 flats of 1BHK admeasuring 515sq.ft.

I co-operated withthe society then since the OC had to come. Now since past 4 years they have not sent me maintainence bill and are forcibly asking the maintainence amount.

Every member in the society is receiving the bill except me. I told them to send me the bill but they r unable to do that as they have illegally sold me more carpet area.

I have sent them several reminders.

Now they are harassing me by threatening me.

Can I file a criminal case of cheating and harassment against them.

I have already taken steps to move to consumer court too.

Kindly advice at the earliest.

Regards

Rupa


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