Charging interest on Maintance dues of society for last date falling on public

Tilak Marg Forum for Legal Questions Forums Consumer Laws Charging interest on Maintance dues of society for last date falling on public

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 3 weeks ago.

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  • #4628

    Sir .. iam living in GH society in Rohini Delhi
    My quarterly maintenance dues last date( April 18- June18) was 30/4/2018 which was incidentally a Public holiday { Budh poornima } I paid my maintenance of Rs 2100/= on 01/05/2018 They charged Rs 70/= as panelty for late payment.
    Please suggest is it legal and if not how I can recover the amount.
    Thanks
    Dr Anil Kumar Sharma
    Mob 9811585602

  • #4657

    Firstly, you should check the bye-laws of your society as to what does it mention about such situation when the last day for payment is a public holiday. Does it provide any exemption for such situation? Generally, in court matters, if the last day of limitation is a public holiday then the limitation may be extended by one day. But, there is a specific provision for such situation laid down in the Limitation Act for such court matters. Now, whether there is a similar specific provision in the bye-laws of your society or in the Society related law of your state? In the absence of any specific provision, it may be difficult for you to claim benefit. More so, if sufficient time period was given for paying the bill and you waited till the last day. So, please check your society rules.

    Secondly, also check whether the society accepts payments on a public holidays or whether online payment is allowed.

    If it was a genuine mistake on your part (and, more so, if it was first time), you may request the society to condone the penalty. If there is a provision in the bye-laws to that effect, the society may condone the penalty amount, given that it is a paltry amount of Rs. 70 only.

    If you want to fight a legal battle for Rs. 70, you should be ready to incur much larger legal expenses. It is up to you whether you want to make it a prestige battle. In any case, if you want to fight a legal battle over this, you may perhaps have to approach the Registrar of Societies (which is the case in most states), however, it depends on the provisions in the Society related law of your state.

         


    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. List of his Quora Answers.

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