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What to do when society administration is not responding after notice?
18-Nov-2023 (In Property Law)
Sir/Madam, I am having dispute with Housing Society where I am living.Six months before the society has circulated the minutes of meeting that water connection will be disconnected if maintainance charges are not paid. I had given notice to Society through a lawyer & copy to The Commissioner,(Co-operative Societies,Pune),& Dist.Dy.Registrar,(Co-operative Societies,Pune) stating that Society can't do this because Society is not registered. The Commissioner(Co-operative Societies)Pune has forwarded my copy of notice to Dist.Dy.Registrar(Co-operative Societies)Pune to do the needful in the matter.But nothing is heard from Dist.Dy.Registrar,(Co-operative)Pune till to date.It is learnt that just now Society has got registration. In this situation what action I should take now.I am retired person. There is an incident that there was a theft in my house before one year. There is no security in the Society & hence I stopped to give maintainance charges to Society since a year.I am Hindu.
Followup with deputy registrar on urgent basis. You can also file RTI for obtaining information. Meanwhile you can also attend meeting of the society and be cocal about remedies that can help all of you come to common terms.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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As per your query
The society has the right to collect maintenance from its members and the members are duty bound to pay the maintenance charges, however the society does not have the right to disconnect your water connection. The society cannot disconnect your electricity and water connection which comes under the basic necessities of human being. As per the law the society can initiate recovery proceedings under section 101 of Maharashtra Co-Op Soc. Act. 1960 and after obtaining the Award from the Registrar can attach your property following the due process of law. In your case now you can do is file a complaint against the society members to the Registrar and approach the Co-Operative Court for the wrongful act done by the society.
Regards.
The society has the right to collect maintenance from its members and the members are duty bound to pay the maintenance charges, however the society does not have the right to disconnect your water connection. The society cannot disconnect your electricity and water connection which comes under the basic necessities of human being. As per the law the society can initiate recovery proceedings under section 101 of Maharashtra Co-Op Soc. Act. 1960 and after obtaining the Award from the Registrar can attach your property following the due process of law. In your case now you can do is file a complaint against the society members to the Registrar and approach the Co-Operative Court for the wrongful act done by the society.
Regards.
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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