This is Kamakshi from New Panvel. Our society is a society with 86 row houses .here the builder has allotted some open space to 17 row house with stamp paper including me and the society is being formed by non cooperation by the members. Now this new committee is charging us 5 times maintenance only for 7 members and not liable for others. The secretary says it an encroachment where as we have bill of payment done to builder and he has given us stamp paper and have mentioned it as amenities for so and so row house where they can do a garden. We requested the committee for charging maintains according to square foot given to us but they disagree it and now we have gone through co-operative court which we didn’t want .conveys deed Is not yet done by builder. How can this problem be solved within society. Pls help.
I C Naik
The case is of 7 members who bought open space from the builder under a valid agreement for sale. There are 10 more such members who do not have a complaint against the Committee.
The matter has gone to Cooperative Court. The Complaint is about the open space under legitimate possession of 7 members is viewed as encroachment and as per Bye-Law No 169 a Member found guilty of encroachment shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.
If the information given by Kamakshi that “the society is being formed by non cooperation by the members” then at that stage Cooperative Court would not encourage litigation as also the Committee can not go by the Bye-Laws. Otherwise it is a fit case to go the Cooperative Court.
As regards Conveyance the society should file a complaint to the District Consumer forum against the Builder. It is a speedier and cheaper route for cooperative societies.
