1) pay the cash amount . It is not substantial amount
2) however society should furnish receipt of amount paid by you
Conveyance
Society is in process of conveyance. Committee is collecting notional amount Rs. 4000.00 per flat in cash only. I refused to pay cash and gave a cheque to treasure. He did not acknowledge the same and told that he will reply after consulting secretary. He neither replied nor deposited the cheque. Now cheque is out of date. Again they demanding cash only and not giving any break up of expenses. What should I do in this case?
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
In our society maintenance is being collected at Rs.1.25 per sq. feet. In last meeting committee hinted for increasing the same most likely Rs. 2.50 per sq. feet. I opposed to this and requested to collect the same as per bye laws i.e. regular expenses such as water bill, electricity bill ect. to be divided equally per flat and charges towards sinking fund and major repair fund be collected per sq. feet at the rate as agreed by all. If society levies at Rs. 2.50 per sq. ft what can I do for this?
Asked 8 years ago
Has resolution been psssed in AGM fir increase in maintenance?
2) maintenance has to be collected as per provisions in bye laws
3) you can challenge the resolution before the cooperative court
1. Whenever there is any dispute in functioning of the managing committee you can raise the issue with the Registrar of Society.
2.in this case also send a letter to the Secretary and then tothe Registrar.
3.making payment through cheque is always preferable.If not then acknowledgement receipt must be given to have record of payment sna expenses.
4.So do accordingly.
You did the right thing by giving a cheque and not cash. There can be no logic behind refusal to take the amount through cheque. If the society arbitrarily levies the maintenance charges you can sue it in civil court through a suit for mandatory injunction.
The society cannot refuse the payment made by cheque.
Also the society has to render the accounts to it members as and when the accounts are being tallied periodically.
All the members have a right to know about the expenditure and income details of the society management and accounts.
You may raise this issue in the meeting of the society or can eve write to the management of the society seeking clarifications.
Legal actions can be taken after exhausting all the local remedies.
If the society resolves this issue in a meeting then you may have to abide by the decision taken by the general body.
Before that you may visit the bye laws of this society and confirm if ther are provisions for this drastic increase and other relevant issues in this regard.