Society Comittee not returning advance maintenance

Hello people.
I have a query with regards to a new flat that was purchased by me in Pune. I had paid maintenance fees for 1 year plus another 1 years as advance to builder in 2015. Builder has now returned the full advance payment to society. I have asked the society to refund my money but they have declined & said it would be used to reduce monthly maintenance over a period of time. Then when it was not agreed to they decided to keep a part of it & return the balance. I disagreed with them on both the instance.
I would like to know does the society AGM have the right to pass such judgements that concerns an individuals money without his or her consent.
Kindly respond.

Thanks
Dan more

Helpful Connected Consumers Oct 10

Viewed by 846

View all 8 comments Below 8 comments

Perry AL

Handing over of maintenance advance, common assets etc are normally would have been incorporated in sale agreement. Even if not included, AGM have powers and itbis logical the society retain advance and getting it adjusted to monthly maintenance more

Oct 11

Manoj Gupta (Gemmologist)

Dear Dan, In Pune you must be under the Co-Operative Housing Societies - When the builder must have handed over to the Society - he must have paid the full amount to the society as you then become a tenant member of the Co-Op Society. The co-operative society MC can frame rules under the relevant Act (The Maharashtra Co-Operative Societies Act I960) as per the model Bye Laws - as well as charge you maintenance fees - Now the builder is no longer involved as the Members Society has taken over - You too are a tenant member and must contribute - The contribution would be the same for all members. If you are living outstation - they can request for a yearly payment too - but only if you are willing - otherwise if you pay monthly they can charge you interest as well as a late fee (as per whatever common rules they have framed but only if allowable under the Act) (http://parbhani.nic.in/ddr/Maharashtra_Co-operative_Societies_Act_1960.pdf) Model Bye Laws (https://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Model_Bye_Laws_of_Coop_Housing_Society_New_Flatowner_Type_(2-9-14)%20(1).pdf) Please read if you wish - Technically you may challenge them - but better to read the laws then you would be better informed. Manoj more

Oct 10

BHARAT BHUSHAN CHUGH (RWA Executive member)

If you all get the money now, you will pay later on in form of enhanced monthly maintenance charges. Else, interest earned on this money will to some extent meet certain expenses, provided society executives do not take undue advantage out of this money. This money, if lying with society, sometimes proves very useful in times of emergency as at that point of time, no one contributes readily but take his / her own sweet time. more

Oct 10

Dattaram Khadye

Yes you do not pay monthly maintenance charge to society but inform MC your intention in writing with due acknowledgement from them. You can also take it up with Registrar of Co-op soc. more

Oct 10

Nair Narayanan

Yes, try to solve the issue in the Society meeting(all owner members to contribute equally) failing which approach Registrar more

Oct 10

Smita Indulkar (paramedico)

I my society the managing committee had allowed the builder to convert a parking space into office for which I have opposed but say since majority has passed it without charging him a single paisa now they say BMC has approved it and bulider can use that office for commercial purpose a flat in the society is also being used for commercial purpose and society says there is nothing wrong in it is this legal and can any action be taken more

Oct 10

View 8 more comment(s)