Transfer premium donation

Sanjay (Querist) 14 October 2015 This query is : Resolved
Sir,

I am residing in CHS, Mumbai.
I had purchased flat in 2012. Society asked for 75000 as transfer premium. Society gave me receipt of 25000 for Transfer Premium & rest 50,000 (25,000+20,000+5000) 3 nos receipt for BUILDING DEVELOPMENT FUND). I paid amount when I was purchaser, means I was not member of Society & was in need of NOC for purchase.
Later I came to know its only transfer premium is 25,000.

Sir, after 3 years can I ask Society to refund 50,000 back to me ?
Simultaneously can I directly register complaint in Police ?

I am doing all these cause MC is acting like dictator & not solving members problem & lot of harassment of members happening.
Other 2-3 members paid 40,000, 60,000 for the same but no resolution pass for 75,000 ever.

Expecting valuable expert's opinion on this.
Thanks in advance.

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P. Venu (Expert) 15 October 2015
Had you filed objection to the amount collected as Building Development Fund or make any enquiries in collecting this amount while the receipt was issued to you?

Rajendra K Goyal (Expert) 15 October 2015
May write to the society regarding this and demand the extra paid amount. Lodge complaint to Registrar of societies.

Though chances of success are bleak as the claim is three years old.

Sanjay (Querist) 15 October 2015
Thanks Venu & Rajendra sir.
yet... never made any communication to Society or Registrar. I received receipt after 18 months.

There is no such resolution passed for Rs.75000/- but they collected from me.

I have given my flat on rent & society is charging me 10% of rent & not on "Service Charges" which i am paying only 10% of Service charges but society is sending leters / notice & threatening to take legal action & disconnect of water & electricity if not paid.

Understand from people that FIR can be lodged against all MC members & auditor as well for "Professional Misconduct" for both cases "Non-Occupancy Charges & Donation.

P. Venu (Expert) 15 October 2015
Whatever the grounds, water and electricity supply cannot be disconnected.

T. Kalaiselvan, Advocate (Expert) 17 October 2015
The police complaint can be lodged for embezzlement or misappropriation of funds utilising official position, whether any such incident took place. You can issue notice to the MC about the illegal extortion and demand return, their commitment in reply will bring you within the limitation for claim.
Take the help of a lawyer to issue notice.