Move in and move out charges in society

Vinod Kotra (Querist) 17 May 2023 This query is : Resolved
I have moved out and moved in in same society and same tower to a different flat. The society is managed by FMS Company. RWA has not been formed. Residents pay the maintenance and common electricity charges. The GMS company is demanding Rs 5000 + 18 % GST which is 5900. The FMS company has not delivered any goods nor provided any service related to relocation. How any entity can charge for this and there is no basis of how the figure of Rs 5000 has been arrived ?. Can I challenge it legally ?

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A resident is questioning a £5000 plus GST charge levied by their society's management company, FMS, for moving to a different flat within the same building. The resident argues no services were provided to justify the fee and seeks to understand if this charge is legitimate and legally challengeable, especially as FMS manages the society, not a separate relocation company. The response suggests clarifying the nature of the society's registration and the basis for these 'shifting charges' in the resident's agreement.

Sudhir Kumar, Advocate (Expert) 17 May 2023
How FMS company came in picture.

kavksatyanarayana (Expert) 17 May 2023
The FMS company is managing the society, then how the GMS company demanding the charges?

T. Kalaiselvan, Advocate (Expert) 18 May 2023
You can challenge the demand made by the FMS company for this shifting within the same society.
In general, without transfer you cannot shift into another flat, hence first clarify how did you shift, by transfer of ownership or what?

Dr J C Vashista (Expert) 18 May 2023
Whether the premises forms part of "Cooperative Society" under State Cooperative Societies Act or "RWA" of the society registered under the provisions of Societies Registration Act, 1860 since both entities are governed by different laws.
You have stated to have shifted within same society, how the maintenance company can claim "shifting charges" ?
Whether shifting charges is part of "agreement" with you or arbitrary ?

Sudhir Kumar, Advocate (Expert) 20 May 2023
You have not been able to explain problem.

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