Legal Question in Civil Rights Law in India
I have a flat in Mira rd on 1st floor and in July 2010 I had done in the entire renovation of the interiors of my house. This included takng the small flower bed of my hall inside and puting sliding windows. I had furnished a letter to the society chairman/secretary informing about the work to be done and no objection was taken at that time. Now in Feb 2012 the society added rs 35000 as a penalty fee without any prior notice to me on my monthly maintenance bill. On inquiring answer by the secretary was given that either you pay this penalty or reconstruct the house the way it was. I have not done anything to the pillars or beam or touched the outer construction of the building. What should I do, please advice.
1 Answer from Attorneys
28.04.2012
Dear Sir / Madam,
Let's first look at the underlying issues -
1) It was right on your part to give a letter to the Society informing them of the work that you are doing. Usually, when major renovation work is undertaken, amendments are made to the existing structure of the building by the Owner on the recommendation of the interior designer. Were the changes approved ?
2) Did you state in your letter that you were going to enclose the flower bed and put sliding windows thereon ?
3) Had the Society asked you to pay a refundable deposit prior to carrying out the major renovation work ?
4) Had you paid the refundable deposit amount ?
Many Societies have adopted the new bye laws which have a provision for prior intimation and Society approval along with payment of a 10% refundable deposit to the Society, calculated on the basis of the total estimated value of the work to be done, prior to commencement of the work.
There are pertinent questions which you need to pose to the Society.
You can mail me for further on-line legal advice at [email protected]
Regards,
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