Kabir Kumar
I have a question about my property (about open plot construction) in Maharashtra.
I have open plot property within a cooperative society and society continuously insisting me for construction on my property should be done as soon as possible, if fail to do so I would be penalize by the society as every year society maintenance charges goes double.
The same thing was happened by society three years ago & I have paid about Rs.40000/- penalty for four years to society. After that I have designed & passed a plan by Municipality for construction (three years ago) but due to some family issues need to be change the design (some additional things)
Now with some family issues & financial concern, I’m not able to construct my property nowadays but society continuously threatening me to construct it soon else face the penalty again.
Please note I never breach any bye laws of societies & never ever have bad conduct as per law.
So kindly let me know whether society can penalize me for this force construction on my property as per law?
Can legal notice serve by me to society against such force to do construction?
Can I file suit against society for recovery of Rs.40000/- that society recovered by me as penalty three years ago?
I C Naik
You should ask the society in writing about the bye law number and text under which you have been charged penalty. Unless the Committee gives proper explanation there is no need to pay any penalty.