cooperative housing society making arbitrary rules


Dear Experts

I am in a transferable job and posted in Cochin now. I have a flat in Navi Mumbai. The society is registered in CHS act. 

Since my flat is empty since a year , one of my friend asked me if he can use it for few month as he is shifting to mumbai. I gave him my flat for 2-3 months.

The Society did not allow him saying they need 7 days notice to allow anyone in the society. The chairman said it is our purview to allow people in the building. So he along with his wife sturuggled to get inside the flat. I called the local police and even police said this is civil matter. They somehow went inside the flat.

After 10 days I got a letter from the society saying you did not complete the formalities of a tenant including police verification etc we will charge you Rs 1000 every week. Now they are asking me to make rent agreement with my friend. On saying he is my guest they are saying that we will decide. They say make an agreement of zero rent but make an agreement. Also, they are asking INR 5000 as security deposit to use life from my guest of which they will return INR 4000 when they will vacate.

On their insistance I gave them the photo id proofs of my guest and also intimated the local police and also sent a copy to the Police commisioner. I also gave an affidavit that the person staying is my guest not a tenant.

Now I have few Questions -

1. Do the society have powers to restrict someones entry at my house even when i authorise him.

2. Do the society have powers to charge me penalty.

3. Can the society charge my guests to use lift.

4. What are the remidies available for me.

5. Which all departments can i complain.

6. What will be best in my insterst as I do not stay there.

 

 
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The legal stand is clear that no bye-law can be in contravention to the law of land. The Bombay High Court in the case of Talmakiwadi Cooperative Housing Society case has held that the bye-laws of a society, cannot violate the provisions of the Maharashtra Cooperative Societies Act, 1960. If they do so, they will be declared ultra vires and struck down. Any resident member, who is aggrieved by the arbitrary and unreasonable actions of a RWA, can file a suit under Section 6 of the Societies Registration Act, 1960.

 
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