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Society demanding membership fee for new flat ownerit is not resale flat We bought it from developer

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Society demanding membership fee for new flat ownerit is not resale flat We bought it from developer

Last updated: July 15 2019
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  • Society demanding membership fee for new flat ownerit is not resale flat We bought it from developer

    We have society in pune. which has 9 Buildings. Which has common society registered. society Was formed 10 years ago. At that time only 8 buildings was completed. so builder has formed society along with the building is under construction as 70% flats were sold and occupied by owners. and society handover to the members. After then last building gets completed and possession was given to the residents. And those flat owners names were give to society to be added in members list and issuing share certificate. Meanwhile during the building construction time Builder has paid an maintainance amount to the society for those flats. Now society is demanding 30000/- for new flat owners as a membership fee. As there were only 70% member’S details were available in DDR office and and unsold flats numbers were blank. It means we are the 1st owner of flats. We bought it from developer. So DDR ordered to society that they cannot charge membership fee as they are already a member of society. After the order still some members asking for the 30000/- and gives letter to society for payment Collection. they don’t let pass any ammendment regarding to the building. and keep harassing us for this. What should we do?
  • #2

    #2

    Re : Society demanding membership fee for new flat ownerit is not resale flat We bought it from developer

    It's not the society who is demanding this illegal and baseless amount, it's a group of bad, corrupted, cunning and deceptive members of Management Committee (MC)) who are taking advantage of the situation (sometimes if society is lucky there will be some good/kind people).

    If DDR has already ordered MC not to take this fee, then lodge a written complaint in DDR office with all supporting documents and evidences, mentioning that MC has affronted and disrespected DDR's order. DDR can call MC members and demand explanation.

    You will have to regularly follow up with DDR office.If things don’t change quickly, file a complaint in Sakhar Sankul as well.

    You can form a group of all new owners who are getting harassed and hire a lawyer and send a legal notice to MC.

    No need to fear at all. Have faith and be patient. It will take some time to get this resolved but eventually you will win for sure.

    People don’t raise their voice, keep quite and that’s why these MC members can survive.

    If you pay this amount it will go into these MC members pocket and they will behave as if they are King of society.

    PS: I am 200% sure your society fund and accounts are not in good health. These MC members have been 'eating' up hard earned money of other society members.




    Comment


    • anand01anand
      anand01anand commented
      Editing a comment
      Thanks for the reply. It is very helpful. The members who are not in MC are pressurising management comitee members by writing letters to them for demanding the sum. They saying that they have saved arround 45lacs from maintainance fee in those years. It is their contribution so new members should also contribute in that amount. As we also not claiming Anything on that society balance. Still they are claiming for it. Although builder has paid ₹400/ per flat per month since society formation. As those flats were under construction society haven’t provide any services against the charges. Can we lodge FIR against those members for harassment. MC replied to them about DDR order but still they raise this point in every AGM And abuse MC for not doing anything to collect the amount.
  • #3

    #3

    Re : Society demanding membership fee for new flat ownerit is not resale flat We bought it from developer

    I assume you have all essential evidences and proofs to prove you do not need to pay any such amount (like letter from builder or DDR)

    Based on the information you have provided it appears that things are in your favor as you (and new members) don't seem to have done any illegal thing.

    You will need evidences to lodge a FIR or lodge a complaint anywhere (e.g DDR, Civil Court).

    1) First of all, submit a written application addressing MC in society office, to get true-copies (with date, Society stamp, and signed by Secretary or MC member) of all the letters submitted by members who are pressuring management committee for demanding sum. Don’t make noise about this. Just collect the documents and keep with you. You will need these later for legal action. You might have to pay some minimal charges to society for this as advised in society Bye Laws.

    2) If those members are abusing MC in AGM then you don’t need to worry about it. But if those members are abusing you or getting physical then you can lodge FIR. Secretly record conversation on your mobile which will be useful as a evidence.

    3) Speak to DDR about these members to see if MC can take any action against them.

    4) Speak up in AGM, tell all members and MC that you are not legally bound to pay any amount as membership fee and if other members or MC continues to put pressure on them then will take legal action against them.

    5) If nothing works out and if it becomes extremely difficult to breadth then lodge FIR along with your fellow members who are in same boat as you.

    If you lodge a FIR I am sure these members will not dare open their filthy mouth again!

    Laato ke bhoot baatose nahi mante.
    Last edited July 16 2019, 01:51 PM.

    Comment


    • anand01anand
      anand01anand commented
      Editing a comment
      Thank you very much again for your reply. We have all letter copies given to the society. And also builder’s payment details and DDR order copy.
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