Resolution can be passed in MC to engage lawyer ,file detailed reply etc
2) you are not liable to pay legal expenses incurred by society
3) you can issue legal notice to society to furnish detailed break up of expenses
Housing Society Not Giving Breakup of General Maintenance & charging court expense case filed by me
1) Managing committee defending the case filed by me without member's of housing society approval. 2) Managing committee charging court expenses in my maintenance bills & charging arrears along with interest as I have minus the Legal charges & paid the rest maintenance. 3) Managing Committee submitted false evidence in court leading to which i filed a contempt case on the society which the committee has decided to defend without concent of members & just intimated members over a email stating they will be defending 2nd case filed by me as well. 4) Managing Committee not giving the breakup of expenses.
Asked 1 year ago in Consumer Law
8 Answers
1. The case filed by the MC is being challenged by you, during cross examination you can bring out this fact and get their case nullified for this reason stating that they are indulging in illegal practice to file the case on anyone who they don't like hence it is an abuse of power therefore the case is not maintainable and to be dismissed.
2. Have you deducted the litigation expenses from yor maintenance bill payment or did they do it?
Whoever did it is illegal and can fought against it.
3. No comments on this.
4. It is a matter of trial, you can bring out the facts before court and get them answered to court about it
Since iam not paying legal fees (case expense) towards the society which is added in my maintenance bills & for which interest has been charged on the same.I want to know if iam liable to pay society legal expenses for the case which i filed against the society. What action can be taken against the managing committee for misusing power & funds of the society.
Asked 1 year ago
You can file a complaint with them and then report the same to Dy registrar of co-operative society
Legal expenses incurred by society has to be borne by all society members
complain to registrar against society if society has misappropriated funds
You are not liable to pay. File application in court to stop charging legal expanses in Bill.
1. You can take objection in your rejoinder.
2. Act of maintenance agency is illegal. You are plaintiff in the case and society is illegally charging lititigation expenses from you which is illegal in itself.
a. Get issued legal notice.
b. File suit for injunction.
c. Report the matter to registrar of societies.
3. No contempt is made out.
4. Society has to give details. You have only remedy to check committee records.
You are not liable to bear the litigation cost incurred by the society even the fact is that you have filed the case against them.
You refuse to the litigation cost and issue a legal notice demanding the reason and the provisions of law for making such illegal demands and can mention that it is an act of extortion.
Dear Client,
The managing committee of your housing society seems to be engaging in some questionable practices. Here are some of the issues you have raised:
- The managing committee is defending a case that you filed against the society without the approval of the members. This is a violation of the bylaws of most housing societies, which require that major decisions be made with the consent of the majority of the members.
- The managing committee is charging court expenses in your maintenance bills and charging arrears along with interest. This is also a violation of the bylaws, as the managing committee is not allowed to charge for expenses that are not authorized by the members.
- The managing committee submitted false evidence in court, which led you to file a contempt case against the society. The managing committee is now defending this case without the consent of the members. This is a serious abuse of power.
- The managing committee is not providing a breakdown of expenses. This makes it difficult for you to determine whether the charges you are being assessed are legitimate.
It is unclear whether you are liable to pay the society's legal expenses for the case you filed against them. This would depend on the specific circumstances of the case and the bylaws of your housing society. However, even if you are not legally liable to pay the expenses, you may still want to consider doing so in order to avoid further conflict with the managing committee.
In addition to taking legal action, you may also want to consider speaking to other members of the housing society about the managing committee's behavior. If enough members are concerned, you may be able to force the managing committee to resign or to change their behavior.
Here are some of the actions you can take against the managing committee for misusing power and funds of the society:
- You can file a complaint with the Registrar of Cooperative Societies.
- You can file a civil suit against the managing committee.
- You can approach the Consumer Court.
- You can approach the police and file a complaint against the managing committee for fraud and misrepresentation.
It is important to note that the specific actions you can take will depend on the specific circumstances of your case.
