Legal Question in Real Estate Law in India

Monthly maintenance for my CHS in N.Panvel is Rs.320/- Arrears o/s as of 1/8/08 was Rs.12,133/- Since Aug 08, society started charging interest @ 24 p.c per month and accordingly amount payable worked out is approx Rs. 1.4 lacs. After negotiating, the interest was reduced to 12 p.c. per month and amount payable was brought down to approx Rs. 70 thousand.

However, as per clause 72 of the bye-laws if 21% per annum interest is charged the outstanding works out to approx. Rs. 18 thousand, which I am willing to pay. But society refuses to accept. Please advise me urgently whether I shall send a cheque by post for the amount of Rs.18000/-. The reason for not paying was that the society accounts were not managed properly by the then committee.


Asked on 8/12/09, 5:47 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Tender the payment as per bye-laws to Society by crossed account payee cheque, preserve copy of cheque, copy of forwarding letter and original postal receipts, maintain sufficient balance in your bank account for the cheque amount.

Society can not charge interest on arrears in excess of interest provided by bye-laws.

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Answered on 8/12/09, 5:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 8/12/09, 10:59 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

societies would stand on by their own bye laws.

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Answered on 8/13/09, 3:22 am


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