State: Maharashtra; Dist: Thane City : Dombivli, Society Name : Jay Radheshyam Co-op. Housing Society Ltd; Registration No: TNA/KLN/HSG/(TC)/7028/1994-95
Our Society consist of many different size flats. Total we have 66 Flats
20 Flats : 180 – 300 Sq feet ; 5 Flats : more than 500 Sq. feet and Rest : approx. 500 Sq.feet
I have attached bills of 2 different size flats all the components are the same except municipal Tax : which is area wise.
Also now the society is collecting major Funds of around 17 Lakhs which includes total building painting funds replace drainage pipelines replace all electric wire of society water harvesting, building wall compound.
When we requested that certain components are to be treated on area basis. They simple said that we are interpreting it wrong all the charges are on fixed basis except municipal Tax in regular bills
In case of major repair only plastering is consider on area basis. They do not entertain any written Complaint nor do they acknowledge any application.
We have made a written complaint to Dombivli Registrar. 2 months have passed on deaf ears.
Kindly Suggest what to do.
I C Naik
The Committee is duty bound* to go by the bye-law No. 70 of your housing society which lays down mandatory method of arriving at members’ share in the Society Charges. You can see the same by asking for copy of the same by paying copying costs. As you are likely to go in litigation I suggest you get this officially certified by the Hon. Secretary of your society and keep on record.
71 (a) The Committee shall* apportion the Share of each member towards the charges of the society on the following basis:
(i) Property taxes: As fixed by the Local Authority
(ii) Water Charges:On the basis of total number of taps / push cocks/of turn cocks/mixing taps/Flush taps/shower taps etc. provided in each flat.
(iii) Common Electricity Charges :Equally for all flats.
(iv) Expenses on repairs and maintenance of the building/buildings of the society :At the rate per square ft. of the carpet area of each flat fixed by the general body of the society at its meeting, subject to the minimum limit mention in the bye-law No.13 (a).
(v) Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the members, irrespective of the fact whether they use the lift or not.
(vi) Sinking Fund: As provided under the bye-laws-law No. 13 (b)
(vii) Service Charges : Equally divided by the number of flats.
(viii) Car Parking Charges :At the rate fixed by the general body of the society at its meeting under the bye-laws-law No. 84.
(ix) Interest on the defaulted Charges: At the rate fixed under the bye- law No. 74. to be recovered from the defaulter members.
(x) Repayment of the installment of the loan and interest: The amount of each installment with interest : The amount of each installment with interest fixed by the financing agency.
(xi) Non-occupancy charges : At the rate fixed under the bye-laws-law No. 45(2)(iii)©.
(xii) Insurance Charges :The carpet area of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who were responsible for such increased premium in propotion of the carpet area to their flats.
(xiii) Lease rent : The carpet area of each flat.
(xiv) Non-Agricultural tax: The carpet area of each flat.
(xv) Any other charges : As may be decided by the general body of the society at its meeting.
(b)The committee shall fix in respect of every flat the society charges on the basis laid down under the bye-laws-law No. 71(a).
Your complaint to the Dy. Registrar will not be attended because the issue is covered by Section 91 of the M C S Act 1960. This is a dispute between member and the society. It is to be referred to cooperative Court for directing the society to levy Society Charges in accordance with registered bye-laws of your society.
You can personally appear in the Court and present the details of dispute to the Court. This is evident in the provision as per sub-section 2 of Section 94 reading as under:
(2) Except with the permission of the Co-operative Court no party shall be represented at the hearing of a dispute by a legal practitioner
During the past few years a new trend has established that cooperative society is a service provider to the members. Any deficiency in service of the society can be complained against the society to District Consumer Court. This route is faster and cheaper.
If you need any further help you can write to me. You can send this mail to the Hon. Secretary of your society and request him to go by the bye-law No. 71 and avoid the Court process – it is highly uncooperative type.