About eight years ago, we registered our society which is in Mira Road. I would appreciate if you can advise on the following points.
About eight years ago, we registered our society which is in Mira Road. I would appreciate if you can advise on the following points:
1. Eight members of our society have sold their flats prior to forming the society. Should the share certificates be issued in the name of the first buyer from the builder and then transferred to the second/third buyer as per the chain agreement?
2. What is the transfer fee the society can charge?
3. A big amount towards the monthly maintenance charges is outstanding from some members from the past many years, ie, prior to and after registering the society. Can the society recover this amount and how?
4. A few flats are expected to be sold shortly. Can the society hold/refuse the transfer application till all the old outstanding dues are cleared/paid?
— Paresh Mehta
Till such time as the society is formed, the builder is de facto and de jure owner. The share certificate is to be issued in the name of the persons whose names are given to the society by the builder as members. Transfer fee is to be decided by the AGM of the society but is restricted to a maximum of Rs25,000. Outstanding from members is to be collected from them by issuing legal notice and following the procedure laid down in the Cooperative Societies Act. All transfers are subject to the approval by the managing committee but it would be subject to the principles of equity, justice and good conscience.
Discrepancy in rates
My complaint with the MTNL, dated August 17, regarding discrepancy in call rates is still pending. Someone has been using my number by getting it associated with my group plan. On enquiry, I found three telephone numbers associated with my mobile number and instead of 90p/min getting deducted Re1/min was deducted for the calls I made. When a call lasting for 29 seconds was made, I realised Rs62 was deducted. That is when I realised someone must be misusing my number. I asked the MTNL help centre to check at their end as to whom the above numbers belonged and also to refund then extra amount. Initially, the help centre people assured me that they would refund Rs62, but till date no action is taken. Instead, I received a letter saying that my complaint had been forwarded to DE Billing GSM, MTNL, and that I should communicate with him directly.
— Ravi
According to Telecom Regulatory Authority of India (TRAI) directives, no customer can be given a Value Added Service (VAS) — even if it is free — without his specific consent. Please send a letter in writing to the MTNL authorities about this, with a copy to TRAI. Regarding over billing or wrong billing, a group number or company number is vulnerable to such pranks because many people have access to the same. While chasing MTNL for a refund, which you are entitled to, think of a way to avoid getting into such situations.
Parking woes
I had gone through a recent article in DNA about car parking space to be provided as per rules. I was extremely satisfied about the outcome from the court room. I live in a building which is now 51-years old. From the past 30 years, I have two cars which the society had permitted and I was paying the society the charges for them. The building has 17 flats and during TDR 11 flats were constructed around 4 years back.
We now have stilt and open car parking. One new member did not opt for stilt car park but has a car which is parked in open car parking. In open space nine cars are parked out. which two slots are given to new members. In the recent AGM, the society passed a resolution that in the open car parking area only one car is permitted. I had protested saying that in the stilt car parking new members are permitted to park two cars, the reply was that such car parking have been sold to them. I have three flats in the society in my name.
I am not clear that how two laws are framed in TDR building; one for new members and the other for the old ones. I am also not clear that how the two new members are permitted to park their cars in open area and the oldest member has been instructed to remove the second car.
— RN Shahani
A cooperative society can frame any rules for itself as long as they are within the laws of the land, and they satisfy the principles of justice, equity and good conscience. An important point in your case is, what were the terms and conditions of redevelopment with regards to parking spaces? Was it stated that all old members will be given the same number of parking spaces as before or that they will be freshly allotted? This will decide the fate of how many parking spaces you are ‘entitled’ to in the new set-up.
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