Legal notice to co-operative group housing society
When a legal notice to co-operative group housing society should be served: If any member or a resident or a tenant of a co-operative group housing society is not able to get what one should get as services from the said society, he/she has all the rights to serve a legal notice on the society. The managing committee is responsible to ensure that what ever are the rights of the members or their representatives should be and must be given / provided without any delay. But if the managing committee is not providing the required services, a legal notice should be served upon it.
Legal notice to co-operative group housing society: There are many instances where the managing committee of the society did not provide proper car parking space and there are also the instances where the managing committee started collecting car parking charges from the cars based on number of cars parked by the flat concerned. Suppose a flat owner is having 2 cars, he has to pay charges for the 2nd car. If a flat owner is having 3 cars then the flat owner has to pay for parking the 2nd car and more money for parking the 3rd car. It is observed that on 2nd car if the society charges Rs.200/- per month, it demands Rs.1500/- p.m. for the 3rd Car and demands Rs.5000 p.m. for the 4th car.
It is observed that after seeing a society charging the money from the residents and members in the manner explained above, near by societies also started charging the similar way. Since the members and residents are not aware of the facts, they keep paying it silently.
The Managing Committee has no power to impose such charges, only a General Meeting can impose such charges.
The decision on car parking space is further discriminatory towards those, who have purchased the reserved car parking space as it gives wrongful loss to those who have purchased the space and wrongful gain to those who have not purchased the space. No such discrimination can be made for rights of members on common space of the society even by majority in committee or a general meeting.
Even General Meeting of the Society cannot impose car parking in such a manner on the basis of more charges for subsequent car of a flat or member.
The society in the garb of above decision has started cheating the members, with the knowledge that it is likely thereby to cause wrongful loss to those who are having cars and wrongful gain to those not having more number of cars. Therefore, in the views of our legal experts the society has not only committed a civil offence but also a criminal offence.
If situation as explained above arises the members have their right to serve legal notice on the Society and still if the society do not mend their ways, a legal case may be lodged at 3 places (1) Registrar (2) Consumer Court (3) Criminal Court. In the opinion of our legal experts, it is the sole choice of the complainant to file the case 1 or 2 or all the 3 options open before him.
In one of the such instance, a legal notice was served and then a case was filed with the Registrar of co-operative societies. The registrar of co-operative societies appointed a Arbitrator for adjudication of the matter and following are the findings and Award of the arbitrator.
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