Legal Question in Consumer Law in India

We are resident of a Co-operative Society at Andheri East. Our Society had gone for a Re-development of our society. When our managing commetiee of our Society and the Developer violated the DC rules, we had approched the High Court, but our case was dismissed. Now after seven - eight months the society has charged Legal expenses of Rs. 3000/= in our monthly bill of January '13.

Sir, can we pay the society bill excluding the Legal Charges of Rs. 3000/=.

Please advise.

Thanks,

L. Rao.

Contact No: 99 87 88 17 80


Asked on 2/18/13, 9:38 pm

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

YES........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/19/13, 2:45 am
Fca Prashant Chavan Expert Edge LLP

19.02.2013

Dear L Rao,

If the Managing Committee has appointed the lawyer without the prior consent of the General Body, the members are entitled to object to the payment of legal fees since they never ever approved the lawyer's appointment and hence are not liable to pay the fees.

Byelaw No. 138 : Joint and several liability of the members of the Committee -

The members of the Committee shall be jointly and severally liable for making good any loss, which the Society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the Maharashtra Co-operative Societies Act, 1960, MCS Rules, 1961 and the byelaws of the Society.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/19/13, 2:45 am
Jayesh Desai Jayesh Desai

If the legal expenses were incurred after approval from general body, you are liable to pay.

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Answered on 2/19/13, 4:39 pm


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