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A R S RAGHAVAN (COMMERCIAL MANAGER)     28 January 2013

Defaulter

i am making maintenace payment quarterly in advance to the soliety.  When i was secretory with the support of 20 members against 24 total members a resolution was passed to go ahead with the redevelopment of the building and accordingly MOU was signed.  later there some members disputed and the mc resingned and new committee was foremed. 

the builder as per Mou clause initiated Arbitration procedure.  The new committee wanted each flat to pay rs. 20000 for feighting the arbitration case.

As a signatory to the Mou i had informed the society that cannot pay this amount.

now a election is being conducted to the managing committee .  and i want to kinow if legal eayment is part of Maintence charges or not.  

 



 4 Replies

Advocate Vishnu (Advocate)     28 January 2013

pl see, if  your by-laws permit legal charges on the society members.

A R S RAGHAVAN (COMMERCIAL MANAGER)     28 January 2013

THERE IS NO MENTION OF LEGAL CHARGES IN BY-LAW TO RECOVER AS MAINTERNACE CHARGES

Advocate Vishnu (Advocate)     28 January 2013

Arbitration is a cheap and easy way of ending disputes .The arbitration charges seem to be very high in your case. If by-laws do not permit for legal charges, then they cannot impose such charges as maintenance charges.

NAGEHS NC (scientist)     29 January 2013

Dear All,

Please help me sort out my problem.

i had an sale agreement  (with 10 lac advance but actually i am not paid the advance but shown in the agreement ) with party to purchase house for 51 lac which is loan defualt in communication with bank for compromisation that owner will pay loan amount to bank and owner will do the registration. bank has taken almost six month to get approval from management but not happened and bank now telling you to get property though auction. i repused for the same. so i withdraw the 5lac deposited in the bank with letter of guaranty is given to bank to purchase house. mean time party has taken 4 lac cash to settle lease holder, it is almost 2 year property owner/bank  not registered property. i filled case in court got stay, recently property owner had freshly leased the bank siezed house to 10 lac. now court asking to pay 51lac you will get the registration. but i am not intereted buy due to additonal 10 lac burdon on me to vacate the freshly lease holder due to party is not willing to pay money to lease holder. now i want get 4 lac party which he is not paying. stay may be vated if someone interested pay 51 lac.

help me to sort out this problem to get my 4 lac money. shall i register criminal case againts party and bank.

 

Nagesh


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