Managing committee levying fine against AGM rule

mangesh kurup (Querist) 05 August 2016 This query is : Resolved
The rule during last year AGM made was "No flower pot or any other item shall be kept at a place from where it can fall down or damage exterior of building". After rule was made, I kept flower pot in box grill which is secured with mesh. It does not pose any safety issue. My society sent me letter to remove flower pots or otherwise will charge fine. I replied them asking "why this decision is taken against the AGM rule and why other people are not asked to remove any items?". I asked them to reply to my query and I will remove the same immediately. They did not reply to the letter even after sending reminders and are continuing levying fine of Rs. 2000 pm since last seven months. What is to be done in this case? Any help appreciated.

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mangesh kurup (Querist) 05 August 2016
Can anyone suggest?

adv.bharat @ PUNE (Expert) 05 August 2016
Ever after letter and its reminder they were not replying to your query raised and put 2k fine since last 7 month then you need to send them legal notice through the lawyer for denying your right to freedom given by Indian constitution.

Rajendra K Goyal (Expert) 05 August 2016
Send legal notice and file case against the society.

Sudhir Kumar, Advocate (Expert) 05 August 2016
first read society constitution.

P. Venu (Expert) 05 August 2016
Society is not sovereign body; it cannot demand any payment from its members except in lieu of any service rendered or or in fulfillment of a contract or quasi-contract.

The demand is patently illegal.

mangesh kurup (Querist) 26 October 2016
Sirs
The committee is threatening me of expulsion as member of society and asking me to pay fine? What is way out?

Guest (Expert) 26 October 2016
They cannot expel from membership. Take up case with the Registrar of societies.

Rajendra K Goyal (Expert) 26 October 2016
Agree with expert P. S. DHINGRA.

mangesh kurup (Querist) 26 October 2016
Thanks for help Sirs.

Rajendra K Goyal (Expert) 26 October 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Managing-committee-levying-fine-against-AGM-rule-610746.asp

Kumar Doab (Expert) 26 October 2016
Why to repeat?

Kumar Doab (Expert) 26 October 2016
If you are not satisfied then consult your own able counsel in person.

LCI Expert Mr. Hemant Agarwal handles Society matters.

You can approach him and benefit from his counsel.

Sudhir Kumar, Advocate (Expert) 26 October 2016
The author has still not related to the constitution of the society.

Kumar Doab (Expert) 26 October 2016
As advised by Mr. Sudhir Kumar go thru Bye laws of society framed in accordance with Model Bye laws and relate.

Rajendra K Goyal (Expert) 27 October 2016
Can proceed as advised by the expert Kumar Doab.

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