Maulin Shah
I am staying in Ahmedabad –Gujarat. In my society there are total eight flats but total no. of members are seven as one member has two flats.
My queries are as per below,
1) Is it compulsory to registered the society with government ? as our society name is satellite pic point association , i.e it is association of persons and it is not registered and there are no bylaws also.
2) Society is demanding Rs.4000/- as outstanding Maintenance charges from me while as per me it is not outstanding and there is dispute between me and society , as my flat was vacant and as per system we use to pay half service charges on such situation while now society is demanding full maintenance charges , now informing us that they have changed the system but nothing is in writing and not informed us in prior , now , it is decided that all members will pay full maintenance charges from April 2015 onward which is in now in writing and resolution pass also, but in my case they are denying to accept maintenance charges from April 2015 , they are demanding that i should first pay those outstanding rs.4000/- which are in dispute ? can society do like this legally ?
3) they are now threatening me that if I will not pay those disputed Rs.4000/-, they will deduct my water connection?
I need your opinion and guidance for above mentioned queries ,
Waiting for your reply,
I C Naik
An unregistered Society is outside the legal system of our country governing cooperative societies, as the Constitution of India defines Society under Article 243ZH (c) “co-operative society” means a society registered or deemed to be registered under any law relating to co operative societies for the time being in force in any State;
So yours is an unregistered Association of persons and are governed by Gentlemen’s agreement i.e. understanding between 7 of you gentlemen, whether written or not. So you can make out what is the solution.