Legal Question in Civil Litigation in India

Our Society is on Collector�s land purchased by paying an �occupancy price� with certain provisos as to obtaining prior permission for leasing, renting, sale, mortgaging of any portion.

In 1996 a resolution was passed in the General Body informing all members that the Society will provide cable connections and the monthly cable subscriptions were to be paid along with the other maintenance charges to the Society and not to the Cable Operator. Also, if any member defaulted he/she would be liable to pay interest @21%.

At present not all have opted for a cable connection and some have even installed DTH or Dish Antennas. Hence, the principle of mutuality is defeated � as per my view. Also, few of the members are paying directly to the Cable Operator.

My questions:

1) Is it necessary / mandatory to incorporate this resolution in the Bye Laws to get it ratified?

2) Can these monthly cable subscriptions be considered as a part of the monthly maintenance charges?

3) Can a person who has not paid these monthly cable subscriptions (for the last decade since 2001) be considered as a �defaulter� and interest levied on these unpaid monthly cable subscriptions?

Please advise.


Asked on 9/13/13, 6:51 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.09.2013

Dear Sir / Madam,

1. The Society cannot make it mandatory on all the members to compulsorily pay cable charges through the Society. In virtually all Societies, cable charges are directly paid by the users to the cable operator.

2. No.

3. No.

Regards,

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Answered on 9/13/13, 8:33 am


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