I Mirza Abul Hasan is residing in Mumbai under society having registered no- BOM/WL/HSG/TC/3603/88-89 of 1988. I have been slapped with heavy penalties of Rs 80,000- by making false allegations and without AGM Resolution or approval from August 2013. Thereafter they imposed 21% interest in my maintenance bill. What can I do?
I C Naik
Penalties on members can be levied in accordance with steps prescribed under bye-law No. 165 extracted below:
“The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists on continuing the breach/breaches, the Committee shall give the notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society.”
You can write a letter to the Hon. Secretary asking for confirmation in writing that the penalty being demanded fro you has been levied as provided in the above bye-law No. 165. You can add that till you receive the reply, you will not pay any amount towards Rs 80,000.-