Query from Ajit Panda

I have a bunglow in Vedant Kadam Housing society ltd in Ahmedabad which has been let out from 1-5-2017. I have paid annual maintenance charges of Rs.60,000/- in April 2017 for the Financial year 2017-18 .

The society is demanding further Rs.20,000 /- as NOC . I explained to the secretary of the society that this is high compared to 10% cap in Maharashtra. Further as I am not sure how long the tenant will continue I can pay only after a period of 3 to 4 months of letting out.

Please suggest what I should do. I checked up from Deputy Registrar Co-op Societies in Gujarat and he said there is no such cap of 10% as in Maharashtra .Should I file a case before Gujarat High court after filing a complaint before Deputy Registrar?

I C Naik

This is a matter governed by registered bye-laws of your housing society. These are society specific. Section 33 of the cooperative society Law of Gujarat is extracted below; 

33.(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules, and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee, a register of members, the minutes of general meetings and those portions of the books and records in which his transactions with the society have been recorded. Rights of members to see books etc. 

(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed therefore, a copy of any of the documents mentioned in sub-section (1).

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