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Home Cooperative Queries

Query of Pavan Kumar on penalty imposed

Mr. I C Naik by Mr. I C Naik
February 29, 2016
in Cooperative Queries
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Query of Pavan Kumar on penalty imposed

In our society, we have open space at stair case / lift area. We used this area for making safety door for three days in November this year. Now I have got Rs. 10,000 penalty with my maintenance bill mentioning this penalty amount was passed in society AGM in July 2014 for using common space on satire case for any personal use or carpentry/construction use.

As per the model bye-law 2013, 166 and 166 A, is this valid to levy penalty of this amount and that too without giving any notice and putting it in maintenance bill? I have not been given opportunity to defend myself.

I am also not sure if society has registered its bye law 2013 or 2009 or not.

I C Naik

Please write a letter to the Secretary informing him that you are not satisfied about the levy. You will not be paying this till he is satisfied of its validity in law. Second separate letter you write asking for a copy of the bye laws certified to the effect that it is a true copy of the registered bye laws which are in force currently. Please pay Rs 150 as a Deposit towards approximate cost of copying the same. Once you have the bye laws and go though you will yourself come to know in what way the penalty was incorrect.

Tags: bye lawscooperativespenalty
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