Rule of demanding extra work & expenditure charges of residential society from m

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 weeks, 6 days ago.

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  • #3439

    1-I am a 69 years retired person living in Indraprastha colony Pilibhit Road, Near North City, Post Airforce Station, Bareilly U.P. Pin 243002.It’s registered residential welfare society is today demanding ₹2000/- from me by insisting force on me for colony inside road renewalcharges done in May 2017, while the renewal of roads is the responsibility of Municipal corporation of Bareilly, because I am paying house tax etc to them per year. Due to this I had not agreed to pay this illegal charge demanded by society. Due to this societie’s members misbehave me at my residence ,& abused & threatened me for stopping my outside escape from colony if I will not pay ₹2000/- to them.
    2-In the month of October 17 in one house of colony theft was occurred, due to this residential society has changed the previous security & arranged new security. Due to this now society is demanding ₹500/- extra since month November 17 from me. I replied society that if the increased total expenditure with nos of total residential members of colony will be intimated to me then I am agree to pay such amount per month, which comes on my part by deviding total amount of increased expenditure by total nos of residential members since month of November17. For this the society chairman & secretary are not ready to give this genuine details to me & forcing me to pay ₹500/- extra each month of above described charge.At present ,I am paying ₹350/- per month excluding sweeper charges since August 2015,as this work of my residence
    is doing by me. Hence please intimate & guide me the rules & regulations on above mentioned 2 points so that I may follow them.Thanks.
    Girish Kumar Khulve
    pH no 9837977637

  • #3461

    Unfortunately, I am not able to get online the Uttar Pradesh Cooperative Housing Societies Act, due to which it is difficult to accurately answer your question. Since I am not based in U.P., I do not have copies of the UP Acts. But, let me reply to your question on the basis of general principles that govern housing societies.

    Generally speaking, a cooperative society is run on the basis of majority rule. While the final authority of a co-operative society vests in the general body of its members in general meeting, usually a managing committee is appointed by election for the day-to-day management of the society. Powers of the managing committee are given in the bye-laws, rules of the society as also in the relevant Cooperative Housing Societies Act.

    If a decision is duly taken by the committee or the general body of the members, in a lawful manner, such decision is supposed to be binding on all the members. However, there may be certain members who may not be satisfied with such decision, but then they have to resolve this dispute with the society in accordance with the Act / bye-laws / rules, etc. Usually, such matter has to be referred to the Registrar of the Cooperative Societies for resolving it. Certain Acts contain provisions for resolving such disputes by way of arbitration between the society and the member.

    You may have to consult some local lawyer or other expert in your area as to where such dispute is to be resolved and how. What I have mentioned above are the general provisions.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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