Legal Question in Real Estate Law in India

Respected sir

First i would thanks you in advance for the reply which u will send

Sir my problem is my father is a owning a shop in co-operative soicety in goregaon.He is a senior citizen.We could not pay maintance and repairing account for 2-3 year due to financials crisis.the shop is close for more then 30 year.not even used it once.they have charge us 21% interest p.a.

So we went to the society and inform the problem and requested that kindly adjust in interest amount bt they said No. and i had to pay full amount with full interest.So we requested that we cant pay the amount in full settlement so we wud pay in 6 installment in 6 months.So society in AGM clearly said that they wud not charge 6 month interest for which we were going to pay installment.

Repairing amount was collected twice in 2007 and 2009 .We didnt had any record of repairing fund account.So we wrote a letter to the society for the ledger copy.So that time we found that there are error in repairing fund.so we ask society to give the record as per sq feet.society say that they dont have any document stating how many sq feet our shop is.we found out that they have charge excess amount as per sq feet.so we wrote them 9 letter to revise the bill in last 6 month.after so much of letter they said that 7000rs is extra charge by the society.so now we ask them that u have taken 21% interested on rs 7000 so kindly adjust that and give us the new bill or just tell us the amount we will pay the remaining but they are not agreeing to this..they are not at all co-operating.So we told him that we wud have to go legal way so society have threatened us in writing saying that if we issue a legal notice to the society they wud call Special AGM and reverse the interest which they have not charge during the installment.So again we wrote a letter to the chairman asking that is this threatened allow as per bye-laws but no reply.Every time they just give letter saying just come personally and solve..but the bill is having error why cant they send me revise bill.

All shop keeper have door behind only our shop didnt had as our shop was close for years..so we ask the society sectary that we need to open the door.so he said he wont give permission as it not there in the plan n stuff..but later on we came to know that the sectary and other member have have taken the Balcony in the room and a new society office was create by the secretary just next to the electric meter box.And i dont think he have taken permission from any where.BMC and fire bridge wont allow to make office near electric meter box.Sectary is acting like he is the owner of the bldg.

one more thing society charge maintenance rs.1000 in fixed amount.but he charge same maintenance to everyone irrespective of sq feet there are some shop who are just 100sq where else some residence house which are 700sq feet all are charge 1000.Shopowner dont have any water connection also but still they charge just fixed amount.

So in this case what should be done..please advise

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