Respected sir…I would like to know that our society located at mira road thane is charging Rs.3000/- on every agreement as development charges from the flat owners who give their flats on rent.The resolution for such charge was passed in the annual general meeting. Is it lawfully correct for a society to charge such amount even when they charge maintenance and parking charges…please help sir
I C Naik
The Charge of Rs 3000 is illegal and a part of it is refundable to the concerned member who sub-let the flat after obtaining approval of the management committee as so required under registered bye laws of the Society Bye law No 43] lats more than 10% of the service charges the Society is recovering from the members.
Suggested Course of Actions
1.File a dispute petition in co-operative court as provided under Bye law No 175 (B)(i) preceded by steps as per Bye law No 173 and 174 read with Section 91 of the MCS Act. (Expensive as Lawyer is a must, but claim legal costs)
2.Inform the Deputy Registrar about the above action so that he may intervene as a good gesture. (No costs just a letter)
File a Complaint in district consumer Court for deficiency in service (You can handle yourself, Lawyer is optional.you can calim compensation for causing stress.