I want to know how much penalty can a society charge to its members in a building of 80 flats. Because I have also complain to Registra office at borivali (east). But they are also not able to tell the penalty amount.
the maintains of society is 2000/- per month. As I am widow (65 age)& it is difficult to pay a 5000/-. Pls guide me.
I C Naik
Your anxiety is understandable. As I do not know the reason for Penalty of Rs 5000, it is difficult to opine if it is wrong or right to be fair to the Committee.
But I can suggest you to ask Alka to write a letter to Secretary requesting for a copy of registered bye laws of your CHS certified by the Secratary as being in force as on the date of certification. Also ask for certified copy of the Resolution of the General body Meeting fixing the rate of penalty (for whatever default alleged to have been committed by you). These documents are not free, so send a cheque of Rs 200 as a deposit for copying charges to be adjusted against actual.
Simultaneously if possible, do pay up the penalty under protest that you do not agree that it was correctly levied and will be claiming refund with interest.
Once you have got them ask Alka to read for you bye law of concerning the process of levying penalty.
You will find that Penalty was not levied in accordance with bye Laws. So you inform that you will not pay unless rules of levying penalty are followed. After that feel free to write to me if your problem is not solved.
This process may be lengthy but a wrong action of the Committee cannot survive in the long run. So have patience and pursue.
