1) file complaint against society before consumer forum and seek orders to direct society to provide you share certificate,car parking slot ,NOC to rent yiur flat
2) also seek litigation costs and compensation for mental torture undergone by you
Legal Notice
I need urgent support to draft a Proper legally binding document, which needs to be hand-delivered and signed for in the Thane area. escalation to deal with all the local issues with the Service and Maintenance management Society, who repeatedly has ignored all my please to resolve my matters concerning my NRI Flat. I sent an OFFICIAL LEGAL notice to vfva Society in 2018, when I first found out about the serious issues about paying maintenance charges. I never visited the Property because I had my own personnel circumstances in 2010. Society was formed without informing me about all the legal and contractual parameters of my Property. I visited my flat in 2010, and I found out that society took my Electricity meter, broke my water connection, did not allocate me a parking slot, had not issued me any Society Certificate in my name, NEVER CONTACTED me in the UK for the past 10 years, with relation to society contract, charges, dues, what is the responsibility of the society for its members, and what happens if members fail to pay the charges because of whatever reasons, IN MY CASE I DID NOT EVEN KNOW THAT THE SOCIETY WAS FORMED UNTIL AFTER 8 YEARS, and in that 8 years Society has been charging Interested charges for 8 years without informing me or writing to me. I tried to meet them in person, and they have avoided speaking to me or even letting me know, how were the charges levied on my account without informing me by simple letter. ( Society had all my details from LODHA builders ). I visited Mumbai no won 2 occasions to resolve all the issues with the electricity meter, Gas meter, leaking external walls ( which Lodha society has not maintained as part of their maintenance service involvement ). I paid to visit in 2018, to settle the matter society did not take any action. Scarcity members orally advised me that if pay backdated amount, meaning services capital going back to 8 years they will issue me NOC, Car parking slot, Society certificate, and Settle my account. So paid them TRUSTING the Society RS 4 LACKS backdated since 2010, despite I not knowing about my Account and what dues I am paying for what services, The Lodha building is Melly, bulbs are not working, I don’t have a water supply, and my external walls are leaking.In 2018, Legal Notice was issued to the society members, the Advocate covered all the key points, Society did not respond to this legal notice. I again reminded them, still of no use,Now they have raised my amount to very calling as nonpayment of dues. This is illegal as per local buy laws, Society does not have any Perm Office, there is NO one to answer my queries when visiting my flat ( which I have now done twice, ). I am a permanent resident of the UK and India. Society is refusing to let me Rent my flat ( which in itself is illegal ). I want to cover all these points in detail and Resolve the matter once for all. The original interest has been inflated.
Asked 3 years ago in Property Law
Religion: Other
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
6 Answers
Dear Client,
You may file a complaint at the Office of the Registrar of Societies, specifying your grievances and that the Society hasn't responded to the legal notice. Thereby, you may seek orders by claiming for the documents and the other requisites that you ought to have.
You may also consider filing an FIR against the Society for the mental disturbance caused by the former to you.
Thank you.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
.
I will assist you in this.
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further the society has not right to deny to give the flat on rent by the owner
- Hence you can lodge a compliant against the society before the registrar , and can also send a legal notice after engaging any lawyer.
This looks like a complete mess and total hotch potch
I suggest you book a paid phone consultation and explain all your issues in a systematic and sequential manner
This will help the lawyer to decide appropriate steps
Did you make any inquiries with the society regarding your maintenance charges or did you correspond with them only after the society began to levy interest on your arrears ?
The external leakage issue is certainly a common society problem which affects the entire building and the society must immediately take steps using its funds to undo and stop that damage. The flat owner cannot be made alone liable. This is a problem which affects all the members
It appears that after issuing a legal notice you remained silent without escalating the matter legally.
You should have filed a case before the consumer forum seeking rectification and compensation for the deficiency in their service, or at least taken up the matter with the registrar of cooperative societies if not you could have approached the cooperative court for proper relief and remedy on all these.
You cannot remain absent and keep the door locked for a very long time and say that the society did not inform you about all those things what you have mentioned.
It becomes your duty to approach society when you came to know about its formation and asked for necessary formalities to become member of the society.
You cannot blame society for not informing you about this when you are residing in a foreign country and not turned up for more than 8 or 9 years.
The society is authorized to initiate action as pr bylaws against the defaulting members who have not paid the maintenance amount to the society.
You had issued a legal notice through your lawyer but never followed it up through court when you found that no response was received from the society.
You can approach court of law as suggested above for getting the desired relief and permanent remedy to this every growing problem.
