Suhita Mukherjee 17 December 2021

Rights and liabilities of shop owners association

Sir,

I have purchased a, Shop from a, Government Agency. Registration of Shop was done where Shop Owners' Association also signed in the Sale Deed. For Maintence a small amount is payable. But Complex is not commrcially profitable. Shopowners Secretary imposing hefty penalty not commensurate with any reasonable judgement. 3/4 years I have not paid and in front of my shop broken furniture are placed also. Though previous ly I paid with fine yet they charge for basic maintenance charge of Rs18000 Rs16000 is fine. How could I fight.?

What recourse is available?

Suhita Mukherjee

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Quick Summary

This discussion addresses a shop owner's concerns about unfair penalties and maintenance charges imposed by their Shop Owners' Association. The owner purchased a shop from a government agency, and the association was involved in the sale deed. When the complex isn't profitable, the association levies hefty, seemingly unreasonable fines. Other contributors suggest gathering support from fellow shop owners, consulting a local advocate, and understanding the existing agreement to explore available recourse.

2 Replies

G.L.N. Prasad (Retired employee.) 18 December 2021

Find out the position of other shop owners, form as a group, and contact a local advocate. If you can rope in majority, maybe you can get a verdict in your favor or elect office-bearers of your choice. Some fixed expenses are to be borne, whether the shops are occupied or not, and there is no relationship between prosperous business and maintenance. Maintenance depends on actual expenditure that should be shared among owners.

Kawmini Liyanage 20 December 2021

Greetings!

It would be much helpful to provide you with a well-balanced answer to your query if you could provide information regarding the existing agreement between the Shop Owners' Association and you. As with understanding these terms and conditions, the applicable provisions and procedures may differ.

Regards,

Kawmini Liyanage