Rupinder (dgdg) 05 October 2010

Dispute with housing society secrartary

Dear Experts,

I have a issue with my housing society secrartary. theres some history attached to this. In the month of july there was a bike parked behind my parking area. that area where the bike was parked, is designated as 'No Parking'. While reversing my car i accidentally touched the bike and it fell. There was no issue at that time. Later in the monthly maintainenance bil, i found to my astonshinment, the chairman/secrartary had put (hand written)charges of 25000 for apology, 2500 for bike repair and many more other charges. I returned the bill, saying i didnt understand. They then stopped sending subsequent monthly maintainenance bills to me. On enquiring they told me the bike belonged to a electirician(not a scoiety member) and since hes very helpful to the society they fined me. Whenever theres a function organised in the society, hes called for the lighting etc. Theres a notice clearly stating 'Outside vehicles not allowed inside' on the building entrance too. Following the discussion there was a physical altercation with the secrartary and he filed a NC in the police station. He happens to know a inspector there. I have the following questions:

1. Was it legal to have outside vehicle parked inside building premised.

2. Was it legal to impose such a huge fine on me.

3. How can i stop this constant harrasment once and for all.

Also they have instructed the sweeper not to take our garbage bags. They are all lying there on our floor. And neighbours have started to complain. How can i help this?

Thanks . Any response would be very helpful to me.

Reply Follow

7 Replies

Iqbal A. M. Shaikh (Advocate) 05 October 2010

1. Was it legal to have outside vehicle parked inside building premised.

It depends on the general resolutions passed by the building society. Since the property belongs to society they can stop parking facility to outsiders.

2. Was it legal to impose such a huge fine on me.

The fines are to be decided by the society and passed in resolutions before levying the same. The fines have to be justified and should be reasonable.

3. How can i stop this constant harrasment once and for all.

You can send them notice for levying heavy penalty charges and for harassments.

You can file a case in Registrar of Societies/Cooperative Court/Consumer Forum and also can file criminal complaints for physical or mental harassment. Please contact any lawyer practicing in cooperative field.

V. VASUDEVAN (LEGAL COUNSEL) 05 October 2010

The facts as represented reflects arbitrary and arrogant mis-management. Lodge a Police Complaint setting out the facts and also a complaint before the Registrar of Cooperative Societies. Meet a lawyer conversant with society bye laws and lodge an effective complaint. No society has a right to levy such a heavy fine. If at all the MC should have given an opportunity to explain your version and at the best mediated between you and the aggrieved electrician for a fair compensation.

Rupinder (dgdg) 06 October 2010

Thanks for your replies. Some more facts below:

1. The electician is not even a society member, and had parked his vehicle in No-Parking area. Still instead of siding me the MC has imposed a heavy fine on me. I have been paying the monthly maintenance bills regularly till date. On questioning about the fine, they stopped send sending me subsequent maintainance bills for july and august. As a result they have put my name in list of defaulters. With a total outstanding amount of 33000Rs. The monthly maintainence bill is however of Rs 1500/-.

2. I gave a letter to the society chairmain and also wrote a complaint in the society complaint register regarding not receving monthly maintainenance bills. Chairmain says he cannot read english hence cannot do anything. When i tried to verbally explain the matter the secrartary and his assciates raised their voices and threatened me to keep quite. Eventually physically hurting me.

3. Since they are a group of 4-5 like minded people, they have loged police complaint against me. Though i was got hit. The police inspector is known to them, hence i do not trust the settlement he may try to reach.

I have the following queries/doubts:

1. I dont have the monthly maintaince bill for july and august in my possession. So is there any way i can still lodge a complaint.

2. Who can i approach for a fair and just settlement in this case.

3. What will the documents be required as proof etc

4. Can you recommend a good lawyer in kandivali(w) mumbai for this case.

Bharatkumar (ADVOCATE ) 06 October 2010

U give a complani in Registrar Office for this matter and give a police complain for that. U ask your chairman what's rules and regulation of our society and why u write 'Outside vehicles not allowed inside' in our enterace gate of building and what's the meaning of this words. U further says that this not my fault the electrician is not a member of society so why he park his bike in the society he has not follow the notice of society so I m complain against the electrician and society secrartary.

M D Rajput (Prop) 06 October 2010

Dear Sir,

This is in regards with the property located at Datta Mandir Road, Malad East, I am the chawl owner(Imla Malik) there since 1949 and being paying all the property taxes since then and we have all the documentary evidence for the same. The land owner is somebody else and now the property is going under sra and the builder is Neev Construction (Mr. Narendra Kumawat).

As informed by the developer he says that we dont have any rights in the property and we would get only the 1 Flat against the room we own rest all our 6 tenants will get the flat,

My question is what is the maximum we can get as per the SRA rules coz we have been paying the property taxes from last more than 50 years.

We also get the transfer amount when the room is sold by the tenant that rights we would be loosing when the sra development is done,

So let us know what would we get for taking care of the property from last so many years.

Your Kind reply would be appreciated

Awaiting your reply at the earliest

Thanks N Warm Regards,

Mr. Mahesh Damodar Rajput

Satish .J.Agarwal (Advocate &Legal Advisor) 06 October 2010

You can call me for the free advice on my cell-9769383431

Satish J Agarwal-

uday kondvilkar (Proprietor ) 09 November 2012

I had purchsed a room in Jogeshwari West slum area in 2010, In annex I the room is showned it was legible now annex II it has showned it is not eligible.( Builder telling us ur room is not eligible)
and when I have purchesed the said room the first owner of this room had given us following documents

1. 1993 and 1994 electricity bill ( BSES )

2. 1993 bmc receipt ( Bhade pavti)

3. 1990 Janganana receipt

so pls tell me how and where should go and do the said room eligible.

thanking you in advance.

Brgds

Uday Kondvilkar