My pensioner mother is holding ownership of flat in a coop Hsg. sty at Meera Road East. Sir, I would like to sought your Advice on subject.
That, since 2006 my mother was facing heavy leakage problem in her bedroom wall after communicating verbally several times and in written twice with the society committee so far. They acted passively to bring solution to it until 2012. Heavy leakage problem was due to repairing/ plastering carried out in 2005. Thereafter new committee formed thrice since 2006 until Jan2013 but many time they refused to accept a written letter from my mother for requesting repair of above said heavy leakage. Society committee never acted on her verbal request time and again whenever secretary and chairman use to meet her in the society premises.
There is no other platform address such issues in society committee except meeting in AGM. There is no suggestion communication box or meeting platform for society members address their problem in all these years.
AGM happened 3 times since 2007 to 2013. And new committee elected. However, No elected members willing to cooperate secretary elected in 2007 and 2008 and society members problems went unheard during these time. The committee was sort of paralyzed and inactive. The committee elected in 2009 have not taken AGM until 2013. As they publically announced in the AGM meeting held in Jan 2013 that there was no time with them to call AGM. The balance sheet presented was fabricated and the "Sataynarayan Pooja" expenses were shown in the balance sheet when the said Pooja was not performed since 3 years. Which is a case of misrepresentation of account and which was expressed by the members attended AGM in Jan,2013. There is a scope for doubt for accounts presented since 2007 are appropriate.
My mother was regular on paying maintenance dues until May 2006. But being neglected by committee she had stopped paying dues since June 2006. as it is hard earned money paid from her only income source pension of Rs 3000/-PM.
In 2009 Upon insisting by newly elected committee about dues and assuring her verbally to look into her leakage problem and waiving off interest until May 2010. She paid a lump some Rs 25000 (half )against unpaid dues of around Rs 50000( figure including interest@ 21%). This new committee assured her provide statement of account since May 2006 and assured her provide interest free amount for final settlement soonest. But this turn out to be eye wash and nobody seems interested as thereafter whenever she use to reminded about statement and interest free figure for final settlement, they use to give her blank assurance but nothing has been produced as yet . The only good thing this committee did is they finally repaired the leakage prone wall externally in year 2012 . to that, She is yet to test the repairing in coming monsoon. This was done after carrying out structural audit but nobody taken in to confidence for the repairing work expenses.
However, Keeping in mind that it is not good in cooperative interest to hold the dues. She wanted to clear it but without a interest part as it is not her fault that nobody was interested in considering her problem and interest on dues taken its own course of loading on her unpaid dues. Knowing well that keeping pessimistic attitude to the solution, society will earn extra and thus committee does not want to take concrete action. However my mother use to regularly deposit society dues Rs 500 /- in her bank account from her Rs 3000 /- monthly pension. The reason which she could pay Rs 25000/- when the new committee assured to look into.
Kindly advise how she can avoid interest legally and be regular now . Her problem is solved in year 2012. But committee is not talking about any interest waiving as they have promised earlier.