What is the minimum number of promoters required to join the registration proposal to form a housing cooperative society?
- 60% of the flat purchasers/ promoters are required to join the registration proposal if building is constructed by builder/developer.
- 90% promoters are required to join the registration proposal for society of open plot type category.
Whether Co-operative Housing Society having less than 10 units can be registered ?
- Cooperative Housing Society having less than 10 units can be registered subject to the following conditions:
- The built up area of each unit should not be more than 700 sq.ft.
There should not be balance F.S.I
If the builder does not register a Co-operative Housing Society? What is the remedy available
- Chief Promoter of the proposed society shall submit a registration proposal of the co-operative housing society to the concerned Registrar under the category of non- co-operation of builder.
Registrar may consider such a proposal for Registration on merit.
What are the conditions for registration of Cooperative Housing Society in private building?
- Registering authority can register CHS on merit if 90% of the tenants join the registration proposal.
Registering authority can register CHS on merit and with previous approval of State Government if 75% to 90% of the tenants join the registration proposal.
Proposal for registration will not be entertained if percentage of tenants is below 75%
The Tenant promoter joining the proposed CHS shall have to agree to contribute to the cost of flats of non joining tenants.
In case tenants have created sub tenancy in terms of Rent Act, sub tenants and not the tenants be allowed to join the proposed CHS.
Whether the Chief Promoters has got authority to withdraw the money deposited in the bank in the name of proposed CHS ?
- The Chief Promoter has got no power to withdraw such money.Before registration of the Cooperative Housing Society , money can be withdrawn with the permission of the Registrar.
What is the remedy available if the Registrar does not take any decision on registration proposal within a period of 2 months ?
- Failure to dispose of the registration proposal of a housing society within a period of two months, the Registrar has to submit the said registration proposal to the next higher authority within a period of 15 days from the date of expiry of two months.
- On failure of such higher authority to dispose of the said registration proposal within two months from the date of receipt of the proposal to his office, the registration proposal shall be deemed to be registered under the provision of the Maharashtra Cooperative Societies Act 1960.
What is the remedy available if the registration proposal is rejected ?
- Such rejection order can be challenged by filing appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. Of the concerned Division.
What are the circumstances for de-registration of a Cooperative Housing Society ? And under which section ?
- * If the society is registered.
- On the misrepresentation made by the applicants, or
- The work of the society is completed or exhausted, or,
The purpose for which the society has been registered are not served.
- Such societies can be de-registered under the provision of Section 21-A of the M.C.S. Act 1960.
Under what circumstances registration of the CHS can be canceled ?
- Registrar can cancel the registration of CHS under section 21 of the M.C.S. Act 1960. Under the following circumstances :
If a CHS transfer the whole of its assets and liabilities to another society or.
Amalgamates with another society, or
Divides itself into two or more societies or,
Liquidation proceedings are terminated under section 109.
What are the types of CHS ?
- Rules 10 of the Maharashtra Cooperative Societies Rules 1961 provides the following classification of the CHS
- Tenants ownership Co-operative Housing Society.
- Land is held on lease hold or free hold basis
- Houses are owned or are to be owned by member.
- Tenants Copartnership Cooperative Housing Society.
- Both land and houses owned by society.
- Houses are allotted to members.
- Other Cooperative Housing Society.
- Houses mortgages societies
- Houses construction society.
What fee is to be paid to the Government for registration of a Cooperative Housing Society ?
- Proposed society can made the payment towards government fee as applicable from time to time . The present registration fee isTenant Co-partnership /ownership CHS Rs.2500.00
Other (General ) CHS Rs.2500.00
When at least 20% of backward class members are required for registration of a Cooperative Housing society ?
- This condition is applicable for plot purchase type society under the following circumstances.
When society intends to borrow fund for construction of building from State Government and/ or MHFC Limited.
- If land grant authority insists for such conditions.
Whether promoters are required to submit their applications for membership to the Chief Promoter before registration of Cooperative Housing Society ?
- Yes, all the promoters should submit their application for membership to the Chief Promoter before registration so s to enable him to undertake about receipt of application for membership in the prescribed “Y” form to be submitted to the Registering Authority at the time of Registration.
What remedy is a available if Chief Promoter does not deposit the share money collected from promoters in the Bank ?
- Failure of Chief Promoter in depositing share money collected from promoters of proposed CHS amounts to an offense u/s 146 of M.C.S. Act 1960.
- Chief promoter can be prosecuted in the court of law with previous approval of Divisional Joint Registrar of concerned Division u/s 148.
What remedy is available if any person collects share money or any other sum by misrepresentation to the propsective members in the name of the society to be registered ?
- It will amount to an offense u/s 146 of MCS Act 1960.
- Such person can be prosecuted in the court of law with provision approval of DJR of concerned Division u/s 148.
When the first General Meeting can be convened ?
- The first General Meeting can be convened within a period of three months from the date of registration of CHS
Who can convene the first General Meeting ?
- Chief Promoter of the CHS can convene the first General Meeting of the members.
What is the remedy if the first General Meeting is not called by Chief Promoter in time ?
- On failure to call the first General Meeting of the CHS in time the said meeting can be called by Registering Authority.
What business is to be transacted in the first General meeting ?
- Following business shall be transacted in the first General Meeting
Who is responsible to convene the AGM ?
- Rule 60 of the M.C.S. Rules 1961 provides that the secretary of the CHS is responsible to convene the AGM
Who is responsible to ensure the AGM is convened within the stipulated time ?
- Bye law No 139 (16) provides that the committee of the CHS should ensure the holding of AGM within the prescribed period.
What is the business to be transacted in AGM
- Following business is required to be transacted in AGM
- To receive a report of the committee together with statement of accounts for the preceding cooperative year/years.
- To consider audit report received from the Statutory Auditor for the previous Cooperative year/years.
- To declare the result of election if held prior to AGM
- To consider the appointment of Statutory Auditor.
If the business on the agenda is partly transacted then what are the provisions?
- If the business on the agenda of the general meeting of the CHS is partly transacted then the said meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting as may be decided by the members present at the meeting.
Whether the AGM can be adjourned due to want of quorum ?
- AGM can be adjourned for want of quorum
To the time as may be specified in the notice on the same day or
To a subsequent date, not earlier than seven days.
Holding of adjourned meeting will not required quorum.
What business cannot be transacted in AGM without due notice ?
- Following business cannot be transacted in AGM without due notice
- Expulsion of members of the CHS
- Amendment of bye laws
- Bifurcation, amalgamation, division of the CHS
- Transfer of Property of the CHS
What is the minimum period of notice of AGM
- 14 clear days notice is required to be given for calling the AGM.
Whether AGM is treated as invalid if the notice is not served to any members of the CHS?
- Once AGM is called it cannot be treated as invalid unless and until such order are passed by the Cooperative Court.
What is the period for finalizing the accounts of the CHS
- The period for finalizing the accounts of the CHS is 45 days from the closure of the cooperative year – which is 31st March. The accounts should be ready for inspection in the Societry’s office on 15th May every year.
What remedy is available if the accounts are not finalized before 15th of May ?
- On failure for finalising the accounts of the CHS on or before 15th May committee may appeal to the Registrar for time citing reasons for the delay. And once extension permission is granted, to include the same in the Annual report explaining to members the delay and the grace period obrtained.
What remedy is available if the committee fails to finalize the account before 15th May or extended period ?
- Registrar may exercise his powers vested under section 79 (2) of MCS Act 1960 to finalize the account through an authorised officer.
What remedy is available if the AGM is not called in 90 days + 90 days?
- Committee of the CHS may apply to the Registrar for extension of time on or before 31st July with a copy of resolution and required court stamp fee. Registrar may grant extension if request is genuine upto 14th November i.e for a period of three months. Under any ciurcumstances the AGM has to be held in 180 days (6 months) from the close of the cooperative years
What action can be initiated on failure to call AGM before or extended period?
- Registrar may disqualify the members of the committee who is responsible for calling such meeting to remain or to get elected to the committee upto a period of Two Terms of five years each.
What remedy is available for challenging the resolution passed in AGM.?
- Resolutions passed in AGM may be challenged in the Cooperative Court under section 91 of MCS Act 1960. By filing disputes.
What remedy is available in case resolutions are not recorded modified altered deleted etc.?
- Only remedy available is to file a dispute under section 91 of the MCS Act 1960 before the Cooperative Court.
Resolution passed in AGM/SGM neither stayed nor set aside by Court, Whether it is obligatory on the members to follow it ?
- Resolutions passed in AGM/SGM remains in force unless and until stayed or set aside by the Cooperative Court.
Whether resolutions passed for removal of members of the committee can be brought before the AGM/SGM ?
- No such resolutions can be brought before the AGM/SGM. Elected members cannot be removed from the committee before the expiry of terms, unless they themselves choose to resign
When SGM can be called ?
- SGM can be called at any time by the Chairman or the majority of the committee.
- SGM shall be called within a period of one month
- On written requisition of 1/5 of the members of the society
- At the instance of the Registrar
- At the instance of the committee of the federal society – which is the Federation
Who can call the requisitioned SGM ?
- Secretary of the society can call the SGM under the intimation to the Registrar.
What is the remedy available if the SGM is not called ?
- On failure to call SGM the Registrar may call such meeting at the expenses of the CHS
- The Registrar can order to recover such expenses from the persons concerned.
What is the minimum notice period required to call SGM ?
- The minimum notice period for calling such SGM is five days.Or in extreme emergency circumstances 24 hours
Whether resolutions passed in AGM/SGM can be modified ?
- Unless 6 clear months have expired after passing of the previous resolution no such resolution can be brought before the AGM /SGM for its cancellation or modification.
Whether AGM / SGM not held in the premises of CHS can be treated invalid ?
- AGM/SGM once held irrespective of the place of the meeting cannot be treated as invalid unless and until such order are not passed by Cooperative Court.
Whether a non-member can participate in the business of General Meeting ?
- No, non member has no right to participate in the business of General Meeting. However Associate/ Joint members, in the absence of the Ist named member can attend such meetings
Whether associate member can participate in business of General Meeting.
- Yes, an associate member can attend and participate in business of General Meeting in absence of original member and with written consent given by original member.
What is the period of provisional committee ?
- The period of provisional committee is of one year from the date of which it has been first constituted. Then the elections should be held to form a regular committee
When the subsequent committee is constituted
- Subsequent committee is constituted after election to the committee as per approved Election Rules.
Election committee is required to be constituted as per the provision of Section 73 of M.C.S. Act 1960.
Which is the Competent Authority to challenge the election ?
- Election of Committee or its member can be challenged by filing dispute under Section 91 of M.C.S. Act 1960. Before the Cooperative court.
What are the disqualifications to elect or to remain on the committee ?
- Bye laws No 118 provides one of the following disqualification to remain on Committee.
Offenses by members/Managing committee members
- Defaults the payment of dues to the society within three months form the date of service of notice in writing.
- Held responsible under section 79 or 85 or 88 of the MCS Act 1960.
Sublets flat without prior permission of the CHS.
- Remains absent for three consecutive meeting of the committee.
Whether the member of the ex committee can contest the election ?
- Ex managing Committee member can contest the election, if they are otherwise qualified. For two subsequent terms only.
What is the remedy available if the nomination to the election rejected by the Returning officer ?
- An appeal under section 152 A of M.C.S. Act 1960 may be filed within a period of three days before the concerned Registrar from the date of rejection of nomination.
If the member has paid his dues before the time of scrutiny of nominations, whether he can qualify to contest election ?
- If the member pays his dues before the time of scrutiny of nominations , he becomes eligible to contest the election of committee.
If the member held responsible under section 79 or 88 or 85 is eligible to contest the election of committee.
- Member held responsible under 79 or 88 or 85 is eligible to be re nominated , re coopted, re-elected as a member of committee , after expiry of five years from the date of which he has ceased to be a member of the committee.
What is the remedy available if the committee members default the payments of dues CHS.
- A Committee member who defaults the payment of dues of CHS incur disqualification to remain on committee.
Remedy is to approach registering authority for removal of such committee member u/s 78.
A member of the committee make the default in the payment of dues of CHS and pays the same after some period, whether he is eligible to continue on the committee ?
- Default of payment of dues incur disqualification to remain on committee.
On the date of default such member ceases to continue on the committee and his seat shall be deemed to be vacant.
Subsequent payment of dues wipes out default but not disqualification.
Such member is eligible for re election or co option on vacant seat on payment of dues.
Whether the member of the committee can be removed by passing resolution in it ?
- Committee has no authority to remove the members from its committee.
What are the provisions for bringing no confidence motion against office bearers of CHS?
- No confidence motion against president , Vice President , Chairman, Vice Chairman Secretary or Treasurer can be moved.
For calling such no confidence motion , request application in M-18 from be signed by at least 1/3 members of the committeee and shall be submitted to the Registrar.
Such meeting shall be presided over by the Registrar not below the rank of Assistant Registrar
On the date of passing the resolution by 2/3 members present and voting the office of the office bearers stands vacated.
If no confidence motion is rejected then no such resolution shall be brought within a period of 6 months from the date of resolutions.
Whether there can be two managing Committee for two buildings in one CHS ?
- There shall be one managing Committee for one CHS irrespective of no of building or wings.
Who can accept the resignation of Chairman of the CHS ?
- The bye laws number 132 (a) provides that the Chairman of the CHS may tender his resignation to the Secretary of the CHS by addressing a letter. The Committee can accept his resignation.
Two whom the entire committee can give its resignation in such a case what is the remedy?
- Resignation of the entire committee shall be placed before the General Body meeting
Even after acceptance of resignation of the entire committee by the General Meeting the are required to hold charge of the CHS till alternate arrangement are made.
What actions can be initiated for not holding the election before expiry of its term ?
- Registrar can appoint an administrator in such a case.
Whether the decision taken by the committee after expiry of its tenure and before constitution of new committee are treated as invalid ?
- Section 77 of M.C.S. Act 1960 provides that the decision taken by the Committee under such situation cannot be treated invalid.
Whether the decision taken by the ex-committee after constitution of new committee and before handing over the charge of records to the new committee are invalid ?
- After constitution of new committee decision taken by the ex-committee is invalid and it has no force of law.
What remedy is available , if the ex-committee refuse to hand over the charge to the newly constituted committee ?
- Officer of the newly constituted committee may apply to the Registrar in detail for initiating action under section 80 of the M.C.S Act 1960 for seizure of documents with the help of police.
What are the circumstances to appoint an administrator under
Section 78 ?
- Circumstances to appoint administrator under Section 78 are :
Committee or its member make default in performing duties or
The act of the committee or its member is prejudicial to the interests of the society
Committee or its members willfully disobeys directions issued by the State Government or by the Registrar
Committee or its members are not discharging its or his functions properly
Committee or its member incur disqualification to remain on committee.
A What are the circumstances to appoint an administrator under
Section 77 ?
Circumstances to appoint administrator under Section 77 are :
- If the committee is not constituted in first AGM
- Terms of the committee has been expired
- Sufficient members are not elected to form the quorum
- Where two groups are claiming to be elected as the committee members and the election dispute is filed in Cooperative Court.
If meeting of the committee is not called by Chairman/Secretary what is the remedy available ?
- Bye laws No 133 provides that such meeting may be called by the Federation of the society, if Federation is informed accordingly.
Whether the Chairman is having casting Vote ?
- Bye laws no 135 provides that Chairman is having Casting Vote.
What is the tenure of Committee ?
- Tenure of the Committee is as per bye laws of CHS.According to model bye laws tenure of the Committee is of 5 years.
When the CHS can coopt the member on the Committee ?
- Vacancies created on the Committee on account of death, resignation, disqualification and removal can be filled by coopting irrespective of the quorum.
What is the tenure of the Coopted Committee Members ?
- The period of the office of the coopted committee members shall be Coterminous with tenure of the committee.
Whether decision taken by committee consisting of majority of coopted member is valid ?
- Yes. A coopted member has full rights and authority as an elected member.
How many funds are required to be raised by CHS. ?
- Funds to be raised by CHS are
- The repair and maintenance funds at the rate fixed by G.B subject to the minimum of 0.75 % per annum of construction cost of each flat.
- Major repairs funds as and when required and decided by GB at the rate fixed on area basis.
- The sinking funds at the rate fixed by G. B subject to the minimum of 0.25% per annum of construction cost of each flat.
- Reserve funds as provided u/s 66 of the M.C.S Act 1960.
What is the difference in utilization of repairs and maintenance fund and major repairs fund?
- Repairs and maintenance funds is utilized for meeting the expenditure on maintenance and normal repairs of the building of CHS by committee.
- Major repairs fund is utilized with priod approval of G.B for major repairs such as plastering, Colour of buildings etc.
When Sinking Funds is to be utilized ?
- Sinking funds is to be utilized on recommendations of architect and with prior approval of G.B for meeting the expenditure on structural additions or alterations to the building /buildings of CHS.
What is the procedure for amendment of bye laws of CHS
- Information of amendment shall be communicated to all members by giving 14 clear days notice of the proposed General Meeting.
- Resolution is required to be passed by not less than 2/3 majority of the members present and voting in General Meeting.
- The proposal for amendment of the bye laws shall be submitted for registration within two months in the prescribed forms from the date of meeting.
- Amendments become effective after approval and registration by the Registering Authority.
Whether amendment can be imposed by the Registrar ?
- In the interest of members of the Society Registrar may impose amendment of by laws u/s 14 of M.C.S. Act 1960.
What are the circumstances of amalgamation or division of the CHS ?
- CHS can be divided under the following circumstances
- There shall be two or more different buildings.
- Each building shall have separate water tanks and water connections.
- There shall be a separate assessment by the local authority.
What is the procedure for divisions of the CHS?
- Committee may apply to the Registrar
- Committee shall convene SGM by giving 15 days clear notice to the members and creditors.
- Resolutions for division shall passed by 2/3 of the members present and voting in such a meeting.Such resolution shall contains the details of scheme of division of the society.
- After the meeting of the SGM notice in “G” form shall be given to all the members and creditors. Exhibit the notice on the notice board of the society as well as in the office of the Registrar and publish the same in at least one local newspaper inviting objections with in a period of one month
- If objections are not received within a period of one months from the date of notice, it will be presumed that the member/creditor have not objection for such divisions.
Thereafter the committee shall submit the report giving details and registration proposal for the registration of new society to the registrar.
Whether the Registrar is empowered to enforce division of the CHS ?
- In the interest of the members , Registrar may enforce division of the CHS
Who can become member of the CHS ?
- Member who fulfills the following conditions can become member of the CHS
- A persons who is competent to contact under the Indian Contract Act 1872 or
- A firm company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies Registration Act 1860
- A society registered or deemed to be registered under MCS Act 1960
- A State Government or the Central Government
- A local Authority
- A public trust registered or to be registered.
What procedure is required to be followed by a person to become a member of a CHS.?
- Procedure for becoming member.
An application in the prescribed form giving complete details shall be submitted to CHS
Shall pay the value of five shares of Rs 50/- each along with payment of Rs 100/- towards entrance fee.
Undertaking as prescribed in the bye law are to be submitted.
A copy of stamped and registered purchased agreement.
What is a remedy available , if a society refuse a membership of the member?
- A person whose membership application is not accepted by CHS may apply to the Registrar u/s 23 (1A) in the prescribed H-1 form.
What remedy is available to a member whose application for membership is not decided by CHS within a period of three months ?
- On failure of CHS to dispose of the membership of a person within a period of three months m he may apply to the Registrar u/s 22 (2)
What remedy is available whose membership application is rejected by CHS?
- A person whose application for membership is rejected, may apply to the Registrar u/s 23 (2) of the M.C.S. Act 1960.
What % of membership of firm , company and body corporate are
allow in CHS ?
- Upto 60% of the total membership is allowed to firm , company and body corporate members.
What is the maximum number of tenements that can be allotted to body corporate in CHS?
- Total no of tenements allotted to firm and companies shall not exceed 50% of the total no of tenements in a CHS.
What are the conditions to become associate member ?
- To become associate member person shall submit
An application in prescribed form as provided in the model bye laws to the society
No objection certificate from the original member
Entrance fee Rs 100/-
What are the remedies available if the application for nominal membership is rejected , by CHS ?
- Person whose membership application for nominal membership is rejected he may apply to the Registrar u/s 23 (2) of the MCS Act 1960.?
What are the remedies available if the application for associate membership is rejected by CHS ?
- Person whose membership application for associate membership is rejected, he may apply to the registrar u/s 23 (2) of the MCS Act 1960.
Flat is purchased by “A” and “B jointly who case exercise the right for membership.
- Person whose name stands first in the share certificate shall exercise the right of the membership in the CHS.
“A ” is the member of the CHS holding a flat subsequently ” B applies for associate membership claiming that he has contributed for purchasing the flat. Under this circumstance whether CHS can grant associate membership to “B”?
CHS can reject the application for associate membership of “B” if there is no NOC from “A”
What are the right of associate member?
- Associate member may exercise the right of membership , if original member has authorised him in writing.
Whether a member of the CHS has right to see books and records of the CHS and obtain its copies ?
- Section 32 of the MCS Act 1960 provides the right to the member to see the books and account of the society and obtain copies of the documents on payment of copying charges as prescribed in the bye laws.
If a flat is purchased jointly by ‘A’ and ‘B” in the proportion of 60:40 respectively name of ‘A’ stands first and that of “B” stand second in Share Certificate “A nominates “C” . After the death of “A” whether the name of “B will stand first in the Share Certificate ?
- After death of A and on granting the application for membership of C and name of C will stand first in the Share Certificate not the name of B
“A” is the member of CHS who is NRI he gives power of attorney in favour of “B”. “B” applies to CHS for acquiring membership in place of “A” Whether CHS can grant membership to “B”
- On the basis of power of attorney membership cannot be granted to “B” in place of A
If a member has submitted two nominations on the different times nominating different persons, which nomination will be treated as valid ?
- Bye law No 32 provides that the latest name of nominee will be treated as valid.
Deceased member has submitted nomination in favour of ‘A’ and a will in favour of ‘B’ whose membership application be decided by CHS ?
- As per the provisions laid down u/s 30 of MCS Act 1960 CHS shall consider the application of ‘A’ for membership.
Whether the CHS can reject the membership application on the ground of non payment of stamp payment of stamp duty ?
- CHS can reject the membership application on the ground of non payment of stamp duty.
Whether CHS can reject the application for membership on the basis that the applicant is belonging to a particular group ?
- No CHS cannot reject the application for membership on the basis that applicant belongs to particular grouped, if he is otherwise qualified to become member.
Whether minor can become a member of the CHS ?
- No, CHS cannot reject the application for membership on the basis that applicant belongs to particular grouped if he is otherwise qualified to become member.
Whether NOC of CHS is required to sell the Flat ?
- Such NOC is not required as per model bye laws.
Member shall inform his intention for sell of his flat as provided under Rule 24 of the MCS Rule 1961.
Whether the managing Committee is empowered to collect transfer premium more than Rs 25000/- if general body passed such resolution.?
- Bye law number 38 provides that the CHS may collect amount of premium at the rate to be fixed by the General Body meeting but within the limits as prescribed under the circular issued by the Department of Co-operation, Government of Maharashtra from time to time and therefore the general body’s resolution contradicting the Government circular shall not be acted upon.
Whether the managing committee can charge the transfer premium in case of mutual exchange of flat by members ?
- Bye law No 38 bars the CHS for collecting transfer premium for mutual exchange of flat amongst the member in the CHS.
Whether the managing committee of CHS has authority to collect the transfer premium for transfer of flat in family member ?
- Bye law No 38 bars the CHS for collecting transfer premium for transfer of flat to family members.
Whether member can transfer share or his interest within a period of one year ?
- Section 29 (2) provides that member cannot transfer any share held by him or his interest in the capital or property unless and until he has held such share or interest for a period of one year.
When non occupancy charges can be collected by CHS ?
- Non occupancy charges can be collected by CHS only when member has rented out his flat or given on leave and license basis.
How much non occupancy charges can be collected by CHS ?
- Non occupancy charges can be collected to the extent as decided by the General body meeting but not more than 10% of the service charges as has been stated in the circular dated 1st of August 2001 issued by State Government.
Whether service charges are to be charged according to the area and size of the flat ?
- Service charges are to be charged equally irrespective of the size of the flat as provided in bye law no 69 of the model bye laws.
Whether water charges are to be levied to the shop /office members ?
- Bye law no 69 provides that water charges can be charged on the basis of total number and size of inlets provided in each flat. Therefore , water charges shall be levied from those unit holders who have supplied water connections only.
There are two buildings in a society. One is provided with lift and other is without lift . Whether the lift charges are to be levied to the members of building having no lift.?
- The member of building , which does not have lift provision , need not be charged the lift charges.
Whether the managing committee of the CHS can charges compound interest ?
- Managing committee can charge simple interest as provided in bye law no 72 and not the compound interest. Charging Compound interest is a criminal offence punishable under the negotiable instruments act. And the interest should never be more than +2% over and above the maximum lending rate as declared by the RBI.
What is the remedy available to the managing committee of the CHS for recovery of dues of the CHS.?
- Managing committee shall issue demand notices to the members concerned.
On failure to pay the dues by members, , CHS may file proceedings u/s 101 of the M.C.S. Act 1960 for recovery of dues.
What remedy is available if member have not made the payment to CHS prior to registration of CHS ?
- For recovery of dues of CHS prior to its registration, the remedy available is to file a suit in the Civil Court against the defaulters.
Whether the member can withheld the dues of CHS if his complaints are not attended to by the managing Committee ?
- Member cannot hold back dues under any circumstances.
Member can approach the Competent Authority as enumerated in the bye laws no 175 of Model Bye laws under the topic “redressal of complaint/”
What remedy is available for recovery, if member is not traceable ?
- If member is not traceable to issue notice for recovery of his dues, the CHS can publish a notice in the newspaper .
Whether society can disconnect the water supply of member for non payment of dues ?
- CHS cannot disconnect the water supply of members. They form a part of essential services – life support system. Under no circumstances the CHS or anybody, but the government can withdraw the life support systems – as provided under the constitution of india.
A and B are the member of CHS holding two different Flat. They do not belong to one family. Flat of A is locked. Both of them reside in the flat held by B. Whether CHS can charge non occupancy charge to B ?
- Non occupancy charges are applicable only when flat is rented out. If B is collecting rent from A, then CHS can collect non occupancy charges from B. It cannot be more than 10% of the normal Service Charges as being collected from other members.
What is the remedy available to the member to recover his excess payment from the CHS?
- Member may file dispute u/s 91 of MCS Act 1960 in the Cooperative Court.
- Registrar has no authority to decide the question of such excess payment u/s 101 of MCS Act 1960.
What remedy is available to recovery the dues after expulsion of a member ?
- Dues of members can be recovered from sale proceeds of flat of expelled member. However this is a very complicated subject. Please consult your lawyer first and then expel the member. Right to shelter is a fundamental right provided under the Indian constitution. Can the Cooperative Act over-rule the constitution of India, only the courts can decide.
Member sells his flat without paying the dues of CHS. Incoming member denies to pay the dues. What is the remedy ?
- No Dues can be recovered from incoming members. While accepting the application form of the incoming member, the society should make sure that the outgoing member has cleared all his dues. However, if the sale has been done clandestinely, then the society can recover the dues from the incoming member – by refusing to transfer the flkat and refuse the new person’s right and title.
What remedy is available of CHS is not carrying out repairs of the flat ?
- Member may file dispute u/s 91 of the MCS Act 1960 before Cooperative Court.
Which is the proper authority to decide damage caused to the members flat while carrying out repairs by other member in his flat ? Whether member can withheld the dues of the CHS in such situation ?
- To decide the matter, member may file a dispute u/s 91 of MCS Act 1960 in Cooperative Court. Under this situation member cannot withheld the dues of CHS.
‘A’ is a member who reside in upper flat and carries out interior. This results in damaging the plaster of the ‘B who lives in the lower flat. Whether repairs to plastering of the ceiling of flat of B is to be carried out from the society’s funds ?
- Such type of repairs cannot be carried from funds of the CHS . The remedy available is to file dispute u/s 91 of MCS Act 1960 before Cooperative Court.
‘A’ is the member who lives in the flat which is above flat B has undertaken repairs. This has resulted in leakages in the flat of “B” which is below flat A . Whether such type of leakages can be repaired from societies funds ?
- Bye laws No 160 provides that repairs of such tuype of leakages cannot be done from the funds of CHS. The two members jointly have to repair the same.
Remedy available is to file dispute u/s 91 of the MCS Act 1960 before cooperative Court.
“A” is the member living in the upper flat, he does not carry out any alteration / modificiation and leakages started in the lower flat due to structural defects. Whether such leakages can be repaired from the funds of the CHS.?
- Such type of repairs have to be carried out from funds of the CHS.
A member “A” is having terrace flat. Plaster of ceiling of flat is damaged whether can be repaired by CHS from its funds ?
- Yes, the same has to be repaired by CHS from its funds.
Whether a member can claim compensation to repairs carried out by him which is supposed to carried out by CHS from its own fund. Which is the proper authority ?
- For compensations of the repairs carried out by member of behalf of the CHS , he may file dispute in the Cooperative Court u/s91 of MCS Act 1960 if CHS refuse to give him required credit.
Whether CHS is required to pay income tax ?
- Yes , CHS is required to pay income tax. It is now a corporate body and is taxable like all other entities.
Whether transfer premium and donation received by CHS are taxable ?
- Yes, transfer premium and donation received by CHS are taxable.
Whether amount received in sale of FSI is taxable ?
- Yes , Sale proceeds of FSI are taxable.
What are the taxable incomes of CHS?
- As per the provisions of I. T Law Taxable income of CHS is:
- Transfer premium.
- Income gained from installation of dish antenna
- Income gained from renting out premises of CHS
- Interest earned from default in payment s by members.
- Interest earned on deposits.
- Income earned from sell of FSI
- Parking Spaces
- Misc Income Earned
- Donations Received
- and all other incomes which have not been collected as maintenance, electricity, water or property tax/municipal charges
What are the rates of I.T. Leviable to CHS.
- Rates of I.T leviable to CHS
For income upto Rs 10,000/- 10% of income.
For income upto Rs 10,000/- to 20,000 , 20% of income.
For income upto Rs 20,000/-& over 35% of income.
Whether CHS is liable to deduct I.T at source in respect of payments made by it to the contractor?
- Yes CHS is liable to deduct I.T. At source for its payments to contractor.
In what form CHS is required to file return ?
- CHS is required to file return in Form No 2.
Whether CHS is required to file IT return in case society incurs loss or has nil income?
- Yes , CHS is required to file IT return even though it has incurred loss or its income is nil.
Whether excess collection from the members over actual expenditure is treated as income?
- Such excess collection from members over expenditure is not treated as income for the purpose of levying IT.
Whether stamp duty is leviable on leave and licence agreement ? If so what are the rates ?
* Yes, Stamp Duty is leviable on Leave and License agreement.
Rates of Stamp Duty for every 11 months are as under:
- If annual Rent + deposit is
below Rs. 2,50,000 then Rs. 750 Stamp Duty.
between Rs. 2,50,001 to Rs. 5,00,000/- Rs. 1500/- Stamp Duty.
Above Rs. 5,00,000/- Rs. 3000/- Stamp Duty.
Registration fees is Rs 1000/-
- Agreement for a period exceeding three years but not more than ten years with or without any renewal clause. Stamp duty is leviable on thrice the amount of average annual rent.
- Agreement for a period exceeding ten years but not more than 20 years with or without any renewal clause.
Stamp duty is leviable on 5 times the amount of average annual rent.
What are the rates of payment of stamp duty for sale of Flat in CHS ?
Sr NoMarket Value of FlatLeviable Stamp duty
1 Does not exceeds Rupees 10000/- Nil
2 Exceeds Rs 100000/- but does not exceed Rs 250000/- 0.5 %
of the Value
3Exceeds Rs 250000/- but does not exceed Rs 500000/-Rs. 1250/- + 3% of the value above Rs 250000/-
4Exceeds Rs 500000/- then8750/- + 5% of value above 500000
Who is responsible transferor or transferee for payment of Stamp Duty ?
- Section 30 of the Bombay Stamp Act 1958 provides that transfaree i.e. Purchasers in liable for the payment of stamp duty. But the general practice is that, it is shared 5-50 between the purchaser and the seller.
A is the member of CHS sells his flat to B and no stamp duty is paid B sells the said flat to C whether stamp duty for the agreement between A and B is recovered from C?
- No, Stamp duty for the agreement between A and B cannot be recovered from C.
C is responsible for the payment of Stamp duly between B and C
Whether stamp duty is leviable for transferring Share and Interest in the membership of CHS among the family members, where actual transactions has not taken place ?
- The stamp duty is leviable as provided under clause (a)(b)(c) and (d) as the case may be of article 25 of schedule I of the Bombay stamp Act 1958 , on the market value of the property, which is the subject matter of the gift.
Whether Stamp duty is payable on mutual exchange of Flats by member of CHS ?
- It is necessary to execute a deed of exchange for transfer of flats among members of CHS.
- Stamp duty is leviable for such exchange under article 32 of Schedule I of the Bombay Stamp Act 1958.
However no society transfer charges will be levied
A CHS has purchased plot for construction of premises for its members. Whether stamp duty is leviable on letters of allotment to its members ?
- Stamp duty is not leviable on such letters of allotment.
Whether stamp duty is leviable on transfer of right, title and interest of a deceased member of CHS in favour of nominee or legal heir ?
- Stamp Duty is not required to be paid in such case.
What is the rate of payment of Stamp duty on the agreement for transfer of a Shop/Garage/Commercial Premises in CHS ?
- The Stamp duty is payable at 5% of market value of commercial premises.
Whether the CHS can take donation.
- CHS can not take donations, specially from transferor or transferee. If and when some member (please note the word MEMBER) wishes to donate something or cash to the society – all such amount received will be taxable.
What is the procedure for expulsion of member in a Cooperative housing society.?
- CHS may follow the procedure u/s 35 of MCS Act 1960.
If the expulsion is approved by the Registrar CHS may take possession of the flat.
What remedy is available is flat is occupied by expelled member ?
- CHS may file eviction suit in Cooperative Court.
Whether the member can sale the parking space already purchased by him to the other eligible person ?
- NO. All parking spaces are the property of the Society. If the member has paid to the builder or anybody else, hardluck. he should not have.
Whether the provisions of Section 59 to 61 Indian Contract Act 1872 are applicable in case CHS submits an application to the Financial Institution stating for full and final payments and such application is accepted by the Financial Institution ? Whether interest and principal construed as different debts under the provision of section 59 to 61 ?
- Provision of Section 59 to 61 of Indian Contract Act 1872 are applicable where a debtor owes several distinct debts to one person and voluntarily make payments.
Hon. Supreme Court of India has laid down the ratio in Civil Appeal No 16902 of 1996 decided on Feb.10, 1999 that principal and interest are constructed as a single debt and therefore provisions of section 59 to 61 of the Indian Contract Act 1872 are not applicable in such case.
Society’s funds cannot be distributed amongst members
A builder is willing to offer a substantial sum of money for an open plot of land that exists in our society. The builder wished to put up a bungalow on the plot for his personal use and he also wants to become a member of the society. Do we have to take the registrar’s permission to sell the plot? Would it be legal for the society to divide the sale proceeds of the plot amongst members ?
- A society is the owner of its property. Therefore it can alienate its property in keeping with provisions of law and the bye laws. There is no restriction in law on a society to dispose off its property in any manner it deems fit. Such restrictive provisions, as for example, exist in trust law because the trustees do not have the untrammelled power to sell trust property. Although the trustees are legal owners of trust property, they have to act for the benefit of the beneficiaries. However you must consider whether it is at all necessary to sell the plot of land to the builder in view of the fact that he wants to become a member of the society. I would suggest that the society should continue to remain the owner of the plot and it should make the builder a member. He may then be permitted to develop the plot by putting up the bungalow and for this right he can pay the society an agreed sum of money.
This brings me to your question as to whether the money that the builder pays to the society for the sale of the open plot of land or otherwise can be distributed among members. The answer to your question is a categorical no. Distribution of the society’s money in the manner you contemplate is just not permitted by the Act. The purpose of the cooperative movement is collective well being, not individual profit.
If you study the provisions of Chapter VI of the Act and Chapter V of the Maharashtra Cooperative Societies Rules, 1961 it will become clear that a society has to set up a number of funds and has to make regular payments into them. Money from such funds is sued for different contingencies a society faces. The Act and the rules lay down clearly how the profit of a society has to be used. While dividend and bonus can be paid to members of agricultural credit or farming societies, no dividend or bonus can be paid to members of housing cooperative societies. The purpose of a housing cooperative society is to provide open plots or flats to its members. Thus the proceeds of the sale or otherwise of the open plot cannot be distributed among members. The money has to be credited to the account of the society. This does not mean that members of your society cannot derive any benefit from the income the society has made.
There are a number of societies that have substantial funds at their disposal due to some fortuitous circumstances. For example, some societies have secured permission to let out the ground floor to a bank or some other commercial institution, which pays handsome rent. This money in the hands of the society can translate into lower maintenance charges or better facilities. But a society cannot sell its property or deal with it in any other manner and then divide the proceeds amongst its members.
While A is the member of a co operative society and B is the associate member, the flat is occupied by B. Our society had earlier adopted a resolution to the effect that family members, including brothers and/or sisters, need not pay non occupancy charges. Recently, the society reversed this decision and its new resolution the society is now demanding non occupancy charges from B. Is the society right in doing so? What is the basis on which a society can demand non occupancy charges ?
- Your society is clearly wrong in demanding non occupancy from B. There seems to be a misconception regarding the status of an associate member. As far as the society is concerned, an associate member is no different from the first holder of a flat except that the first holder has the right to attend and vote at general body meetings. Even with regard to this right, the Maharashtra Cooperative Societies Act, 1960, provides that if the first holder is not available to attend general body meetings, the associate member (second holder) can attend and vote. thus, in effect an associate member of a society has the same status as the first holder. In a given case the associate member may not be a relative of the first holder and yet does not have to pay non occupation charges. It is therefore illegal for your society to demand non occupation charges from B. In a manner of speaking, he is as much as “owner” of the flat as the first holder. He occupies the flat as a matter of right and not as an outsider.
Coming to your second question, I may state as a broad principle, that a society does not have the right to demand non occupancy charges from each and every non member who is an occupant of any of its premises. For example, the family of the member, however broadly or narrowly the term “family” may be defined is not liable to pay non occupancy charges for occupying the premises. Similarly, a member cannot be asked to pay these charges merely because he has a paying guest living with him/her. Such charges become payable only when the member in question is not staying in the premises and has left it out to someone else.
In the year 1994, I purchased a shop in a building where there was no cooperative society. After some time, I received a bill for about Rs 40,000 of which Rs 35,000 were shown as transfer fees. The ad hoc committee running the affairs of the building did not have any satisfactory answer as to why I was not informed of the charges when I purchased the premises. I refused to pay the transfer fees and in retaliation, the ad hoc committee began sending bills in the name of the previous owner. In the year 2002, the committee stopped the water supply to my shop on the pretext that the civic body was providing it only on humanitarian grounds. A society has been registered in the year 1998 and it has been charging me interest on the transfer fees payable by me, which has now ballooned to three times the principal amount. The society is not accepting legitimate charges from me and is refusing to make me a member. I would be grateful if you could let me know if an ad hoc committee can demand transfer charges, whether it is legal to cut off water supply and whether the society can refuse to make me a member ?
- The committee and the society have acted in a high handed and illegal manner. From your question it appears that the building was developed by a builder/developer.If any assumption is correct, I need to point out that the building in question is the property of the developer. An ad hoc committee may be set up by purchasers of units to run the affairs of the building but such a committee has no legal standing. It can only be formed with the permission of the builder and is assumed in law to act on his behalf. The committee does not have the legal authority to make financial demands on owners of units in the building. The transfer between you and the original owner took place before the existence of the society and thus there is no question of paying transfer fees. The society was registered only in 1998, and as such it could exercise its rights under the Maharashtra Co operative Societies Act, 1960 and the rules and bye laws framed there under only from the date of its registration. It cannot demand of any sum of money from a unit holder for transactions that have been entered into before its date of registration.
To answer your queries, let me make it clear that the ad hoc committee was wrong in issuing the monthly bills in the name of the past owner of the shop merely because you did not meet its illegal demand for transfer fees. The society is also wrong in demanding that sum from you and for charging you interest on it. The stand of the society that it will not make you a member unless you pay the amount is equally illegal. You have a right to become a member of the society which has been formed for your building in which you have a shop. It is a criminal offence to cut off the water supply to your shop without sufficient cause. In your case, I have no hesitation in saying that the society does not have adequate cause. To my mind, the actions of the ad hoc committee and the society are nothing short of blackmailing tactics aimed a compelling a person to make payment of sums which are neither morally or legally due. You should approach the court of competent jurisdiction for relief.
Ours is a 12 storey building in which the occupants got together and formed a cooperative society. During the first general body meeting, the promoter of the society and his supporters got together and appointed their own nominees to the managing committee and they also adopted resolutions detrimental to a sizable number of members. Some of us complained to the deputy registrar but there has been no response from that officer. Most of the members are not paying their dues to the society. Are we bound by the decisions of the general body and can the society take action against us fro non payment of dues and for disobeying the resolutions passed? What is the way out if the society and the registrar office do not pay heed to our objections ?
- Cooperative societies work on the principle of one man one vote – which in actuality is One Flat – one Vote. Therefore, it is often the case that a group in a society that has a majority succeeds in pushing through its own agenda at the general body meeting, whether in the matter of election of office bearers or passing other resolutions. Such meetings and the decisions taken therein do not become illegal merely because some members do not like the decisions taken. Anyone who assails the holding of a general body meeting or the decisions taken must produce legal proof to show that either the meeting was not properly called or that the decision are not enforceable as being contrary to the provisions of law or the bye laws or both. This legal proof must be presented either to the office of the registrar or the cooperative court, which are the two forums set up under the Maharashtra Cooperative Societies Act, 1960 to consider the grievances of members.
A person who feels that a society has wrongly taken a particular decision has three options open to him. Firstly, he can obey the decision till he gets a favourable order from either the registrar or the cooperative court. Secondly, he can disobey the decision and wait until the society takes action against him. Thirdly, he can disobey the decision and challenge its before the appropriate authority. If you disobey the decision of the society, you may have to face the consequences of your action, as there is an element of risk involved in doing so. A society has every right to initiate action against members who do not pay their dues or violate any decisions taken at the generally body meeting. However, such action cannot be arbitrary and must be in keeping with the provisions of the Act. If you and other members are genuinely convinced that those in control of the society are mismanaging it, you must approach the office of the registrar or the cooperative court.
We own a building in Bombay suburb, Maharashtra which was built in 1981. It consists of commercial units on ground floor and residential units in three upper floors with common toilet and sloping roof slab. All the tenants are paying the rent as per the standard rent but fully reimburse the municipal taxes. Due to some defects in external plaster, the structural members are spoiled. It is therefore necessary to undertake the structural repairs and replastering the external walls. It is also proposed to put MS railings on sloping terrace slab. The tenants are willing to share the expenses incurred of about Rs 1.65 lakh.Can the entire amount can be recovered from the tenants?
- If not, what is the share that can be recovered from the tenants? Can the rent be increased to recover the expenses of repair? Can interest be charged during the period of such recovery? Will the rateable value for the purpose of municipal taxes be enhanced if rent amount is increased to recover the expenses or should instalments be taken from the tenants?
If the repair is carried out with the permission of the tenants, and such repairs are in the nature of major repair or substantial repair or heavy repair, or improvement or structural alteration, you are entitled to recover such expenses or increase the rent. The consent of the tenants must be in writing and 70% of the tenants ought to have given such consent. You can increased the rent @15% p.a. of the expenses incurred by you.
Such expenses incurred by you must be certified by the Architect from a panel of architects notified by the state Government or must be certified by the Municipal Authority. You are no entitled to charge any interest on it. If there is any addition to the building then the rateable value can be revised, otherwise it can not be increased.
My father (now retired from Central Bank of India) purchased a flat at Salt Lake, Calcutta in 1987 88. It is since being occupied and now the person who has occupied the flat is asking for astronomical figure for vacating the same. My father did one mistake i.e. during his working period he had let it out to the same occupant which one is not supposed to do if one takes a loan from the bank. But for the same reason we are having to pay a huge price as we cannot move to our own house and though my father has retired. We have to pay rentals at JSR where we are staying.
I’ve recently got a job at Calcutta and also approached few advocates but they say it’s going to take 10 yrs or so if case is filed. If there was a prohibition on letting out the flat, when the flat was purchased by availing a loan from the bank, your father could have contended that he has never let the premises but the same was given on license to that occupant.
- Now your father having accepted such occupant as tenant by letting out the said premises, your remedy for recovery of the said flat back will be only under Rent Control Legislation. In Calcutta, if the premises are subject to West Bengal Tenancy Act, you will have to invoke the provisions of West Bengal Tenancy Act.
You have not mentioned the monthly rent of the said premises. Under the new Rent Act of the West Bengal, certain premises are exempted from the protection of such rent control legislation, if the rent of the premises exceed certain limit.
If your premises fall under such categories, then your premises will be exempted from the protection of the New Rent Act applicable to Calcutta. If not, then you can initiate the proceeding for your reasonable and bonafide requirement. If the facts narrated by you are properly pleaded and proved, you will get back the possession of your premises. You can also apply for expediting the hearing of your case because you are need of the premises for your personal requirement.
Warehouses and godowns not protected by Rent Act
One of our companies had let out godown premises to the Central Warehousing Corporation at Kolhapur. There is no written agreement but CWC has been a tenant for a number of years. We now want to either sell the premises or use them alternatively.
- With the coming into effect of the new Rent Act in Maharashtra, is it possible for us to move the court to get CWC to move out. I am advised that the new Act does not apply to warehouses/godowns. A S Ruia
It is not correct that the new Rent Act does not apply to warehouse or godowns. Section 2 of the Maharashtra Rent Control Act 1999 deals with the application of the Act.
This section inter alia provides that the Act will apply to the premises let for the purposes of (i) residence (ii) education (iii) business (iv) trade or (v) storage in the area specified in the Schedule I and II. Kolhapur is in part I of Schedule I and the Act will apply to the premises let for storage.
Section 3 (1) (b) of the Act deals with the exemption and it provides that the Act will not apply to premises let or sub let to any corporation established by or under Central or state Acts.
Under Section 3 of the Warehousing Corporation Act,1962, the Central government by a notification in the official gazette established a corporation by the name of the Central Warehousing Corporation, which is a body corporate, having perpetual succession and common seal with a power to acquire, let, dispose off property and to contract and may by the said name, sue and be sued.
The Central Warehouse Corporation is thus established under the Central Act and therefore the premises let to such corporation is exempted from the protection of the Act.
Therefore, you can terminate the tenancy of such tenants as provided under Section 106 of the Transfer of Property Act, and after the expiry of the period of notice, such corporation will have to vacate the premises.
If such corporation fails to vacate the premises, you can file suit for recovery of possession of such premise so let, under General Law (Transfer of Property Act) before the court having jurisdiction to entertain and try the suit. This suit will not be under the Rent Control Act.
Has the revised standard rent already been finalised? I was under the impression that the matter is still with the Supreme Court which is yet to give its judgment.
If so. When is it due? I am a tenant in a building at Juhu scheme. I have two flats in different names of 550 sq ft carpet area each in the same building, one above the other. I have taken on rent a flat on 1st Floor on 15 October, 1980 and I had rented another flat on the 2nd Floor on 1 December, 1992. I have been regularly paying rents as per Standard Rent Act to the landlord for all these years in this building.
For the last six months, the landlord is not accepting the rent for both the flats. I have been sending the rent and other charges by money orders but he is refusing to accept them. He got the entire building repaired recently and is now asking all tenants to pay unreasonable cost (arbitrary cost) in cash only to him.
Some have already paid and others have not paid so far. But they are willing.
- Developer fined for selling car parking spaceEmphasising that a flat buyer cannot be charged extra for a car parking space, a consumer forum has fined a developer that committed this “unfair trade practice”.
The Central Mumbai District Consumer Disputes Redressal Forum last week directed Tata Housing Development Company to refund Rs 50,000 to Ghatkopar based Suresh Mehta and pay him compensation of around Rs 20,000.
- “Car parking area is the common area of the society. Therefore, the opponent (the developer) had no right to charge any amount for the sale or use of the parking space,” observed the forum. It took into consideration a Supreme Court judgment which held that a developer can only sell a flat and has no right to sell a parking space.
In his complaint, filed with the consumer forum last year, Mehta had said that he purchased on June 30, 2010, an apartment and car parking space at Betegaon, Palghar, for Rs 17.4 lakh. He maintained that Rs 50,000 was taken from him for car parking and another Rs 50,000 as clubhouse development charges.
Mehta said he came across a judgment in August 2010 that held that a builder or developer cannot sell stilt or open parking as the space is part of society common area. The verdict also held that, once the occupation certificate is issued and the society formed, the developer ceases to have any title on the open space.
Through a letter dated December 23, 2010, Mehta demanded a refund from the developer. He was told in response that the car parking was not sold; the developer said he was issued a right to use the space. Aggrieved, Mehta filed a complaint with the forum. The developer repeated its stand in the forum.
The forum said the agreement showed that the total amount paid by Mehta included charges for the parking space. “The documents on record corroborate the contention of the complainant that the flat’s price was Rs 16.44 lakh and that he was required to pay Rs 50,000 for car parking space.” The forum held that this amounted to an unfair trade practice.
Reproduced Courtesy : TOI
© 2013, AIDEC World. All rights reserved.