Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Legal Queries (Analyst)     21 April 2013

Housing society forcing to pay!


We are in the process of selling off our flat in Mumbai. The individual who is supposed to purchase our flat is taking a housing loan for the purchase. As a standard process he requested for the society NOC from us to submit the same to his bank. We requested our society to inform us regarding pending dues and to then issue an NOC on clearance of dues in March. Apparently the CHS accountant has left his job and the management committee (MC) said they require time to compute the outstanding dues and then shall share the information. Its been almost a month now and they have still not given us our account balance and they keep postponing it. 

In the interim post submission of our letter requesting for dues and the NOC, the society decided to have a meeting to discuss repairs and upliftment of the building and decided to have a general body meeting to discuss on this in mid-April. Since we were out of the city, we could not attend the same. We have been a little aggressive with our request for the dues statement since the last week and have been following-up daily. Now today we have received a call that the society has decided to collect 1 lakh rupees from each flat (with May 2013 bill) for the repairs and upliftement and we will have to pay the same. We have told them that our sale transaction will be completed by mid-May as part of the MOU and the charges would be borne by the purchaser of the said flat. However I think they will try and push the communication for the dues and NOC to next month to extract this amount from us.  Also the society has a extremely pathetic track record of keeping their committments on executing any project after collection of funds from members. Hence I am not even sure if people will pay-up at this point of time.

I wanted to understand a few things:

a. If such a resolution was passed by the General Body meeting, how many members need to sign/be present for such resolution to be passed? How do we validate that this decision is lawful as per the CHS bye-laws?

b. Since the delay in issuing dues statement and NOC is from the society-end what remedial action should be taken to protect our interest, since the sale agreement is likely to be done by 1st week or 2nd week of May?

c. What is the best overall action that should be taken to protect our interest? 

Request your guidance. Thanks in advance.






 2 Replies

arunkumark (law study)     22 April 2013

     You are the registered member of the society till date and whatsoever decision is taken by managing committee is binding upon you.If you have any objections you can submitt in writing to the secretary/chairperson. If  you dont get the reply then you can aproach society registrar alonwith your maintainance record immediatly. The society is not concerned about your future plans of selling/buying or bank loans.

SAA_Bombay (Pro)     22 April 2013

Simple option - even you will be able to assume approx amt of your maintainance o/s. You can directly deposit that amt to your society bank a/c 5% + / -. Write letter to Secretary with xerox copy of deposit slip & giving complete information of your payment also attached copy of this article along with your letter. Get acknowledgement on letter. Proceed with your transaction. 

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