Summary suit

BHARTI KOTHARI (Querist) 24 June 2023 This query is : Resolved
if a person has purchased unit in building which is in actual a parking space and is against approved plan of corporation but since society was insisting for maintencne amount of this unit and therefore the person makes the payment to housing society towards his contribution of maintenence in the belief that the society will accept him as a member but finally society refuses him to accept as a member couple with the fact that the society has not given any common service to his unit in building then can he ask back his money paid to society by way of summary suit as in my opinion the same become deposit of this person with society ?

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This discussion explores whether someone can reclaim maintenance fees paid for a parking space that was illegally constructed and not part of the building's approved plan. The individual was refused membership by the housing society and received no services for their unit. While a summary suit might not be the appropriate legal route, options like complaining to the Registrar of Cooperative Societies or filing a civil suit for recovery are suggested after issuing a legal demand notice.

kavksatyanarayana (Expert) 24 June 2023
Complain to the Registrar/Joint Registrar of Cooperative Societies and issue them a legal notice. If necessary file a suit against the society.

T. Kalaiselvan, Advocate (Expert) 24 June 2023
Have you issued a legal demand notice demanding refund of the amount paid by you because the society had not provided you service despite having taken maintenance amount from you?
You issue a legal notice first, if the society denies or refuses then you can plan to file a civil suit for recovery of money, however summary suit may not be maintainable.
The summary suit is a unique legal procedure used for enforcing a right in an efficacious manner as the courts pass judgement without hearing.
Summary suits can be instituted in case of certain specified documents such as a bill of exchange, hundies, and promissory notes. Summary procedure is applicable to recover a debt or liquidated demand in money arising on a written contract, an enactment or on a guarantee.

Dr. J C Vashista (Expert) 25 June 2023
@ Bharti Kothari,
As stated by you, ".....building which is in actual a parking space and is against approved plan of corporation..." accordingly the premises is stated to have been constructed on an encroached plot of land, is it so ? If so, how does housing society came in existence / formed and demanding maintenance ?

Subsequently you have stated, inter alia,that, "........but finally society refuses him to accept as a member couple.........." in such a scenario how can the housing society demand maintenance from a "Non-member" ?

Facts posted become vague and sketchy since entire para formed single sentence with multiple stories.

Besides this, you have posted various queries on different subjects, as observed from your profile, some of the are as under:
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What is your actual problem / dispute, if any ??

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