Issue of Capitation fees upon sale/rent of the Flat in private society
22-Aug-2023 (In Property Law)
Dear Sir, I want to know whether Capitation fees upon sale/rent of the Flat is legal in private society/apartment. It is not co-operative society. I have bought a flat in a private society in kolkata. I have been told that If majority decides to give 1% Capitation fees upon sale and half of the months' income when giving on rent. As this is not a common property or issue but 1% share in my personal property,so i want to know whether this is legal which they insist to pay by saying majority's decision? .Please help with your advice. I am in no mood to obey any decision which prohibits my interest in my personal property.Most of the residents have bought a flat here making permanent home,so they want to loot money in this form.Please suggest me legally how can i proceed legally and whats' the chances of winning the case against them for this.
You may file an application before the consumer Forum and state your grievance before the said forum and the said application should contain the request of a capitation fee. If the said request was verbal you need not honour the same as it is not a part of the contract.
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