Comment on Maintenance charges in co-operative housing societies by Vinod Kumar Sharma.

There are 77 members in my Co-operative Group Society Society and name of all the 77 members were recommended to the registrar along with all the requisite documents to the Registrar, Co-operative Group Housing, Delhi for Draw of lots in the year June 2009 and for onward transmission to D.D.A. for draw of lots.. My name was retained by Registrar, because there was dispute filled by a member for allotment of Three Bed Room Flats instead of two thereby changing the category of flat of that member. Since my name was last in the list and I had opted for three bed room Flat my name was retained by Registrar and I was not allotted any Flat. Only in 2014 the dispute was settled and then my name was cleared by the Society and I was allotted and given the possession and allotment letter only in Oct.2014. Now my Group Housing Society has charged me maintenance from June 2009. Please guide me from which date they should charge me Maintenance Charges and kindly also inform me decided cases by Delhi High Court on charging of maintenance buy the Society from its member who has not been allotted and given possession of the Flat because of no fault of him

Recent Comments by Vinod Kumar Sharma

OA 83 of 2012 decision of AFT Chennai in Non-Pensioner Case
The Judgement of Supreme Court is defective. When Indian Navy had come out with circular/order dated 3rd July 1976 that Navy had discontinued keeping sailors in the Fleet Reserve then there was no need to mention in IN 271 “Not Drafted to Fleet Reserve as not Required” of the sailors retired after 3rd July 1976 by the Indian Navy. The appropriate notation should have been “Practice of keeping sailors in the Fleet Reserve discontinued with effect from 3rd July 1973”. When a practice is discontinued than requirement itself become redundant and when requirement become redundant due to operation of an order or circulare then no notation is required to be mentioned in IN 271 and mentioning “Not drafted to Fleet Reserve as not Required” is contradictory to the statement Practice of keeping sailors in the Fleet Reserve dicontinued with effect from 3rd July 1973. There fore this judgement is challangable


Increased FAR is boon for co-operative societies
Your information is wrong. The increase F.A.R. is only for verticle increase and not horigental


parking problem and parking charges discussion or action
I do not understand where is the problem of parking in Co-operative Society. One car parking is free and GB can pass resolution for denial of subsequent car parking and even charge Rs.5000/- PM for subsequent Car Prking


Co-operative Society cannot refuse to give NOC
What is definition of legal hire. Is there requirement of succession certificate for transfer of membership where flat is yet to be allotted ?


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I do not understand what kind of advocate is pleading that society is wrong in charging money for car parking for more than one car and he has taken up the case with Delhi High Court. I am regularly contradicting the stand that every member is entitled for free car parking only for one car and it is the preoperative of the General Body to pass resolution for charging extra for parking more than one car. Now the case has already been decided by Delhi High court in Anup Mittal (Huf) V/s Kanugo C.GH.S. Ltd. wherein the matter have been decided in favor of society with exemplary pecuniary fine on the litigant for wasting time of the court. The order of the High Court is published on the internet and various newspapers also.

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