I own a house and a car parking allotted to me by the society by paying Rs2 lakh since 1998. I have been paying the charges for the same since then. My sister is my next door neighbour and influential in the society. Since April 2023, the society has put up her flat number along with my flat number on the parking lot allotted to me and also split the parking charges equally between us. On enquiry I was informed by the society that there has been an arrangement to share the parking lot between the two sisters with the consent of the builder and they are not willing to remove her name. We have never given any instructions to this effect to the society. My sister is trying to encroach upon my parking in connivance with the society. Please help.
Sumedha Desai, Mulund
Please ask your society to provide the document duly signed by you informing them of any such parking arrangement between the two of you. In the absence of any such document on record, your society cannot claim that the parking has been allotted in joint names. The managing committee is required to act only on the basis of the authentic documents and not be influenced by any other member. Even if there was any mutual arrangement to share the parking lot between the two of you, society has no business to split the parking charges and assign the parking lot to your sisters flat. The society cannot allot a parking lot already allotted to you or ask you to share it with some other member irrespective of her being your sister. Intention of your society seems doubtful, if such action is taken after 25 years of allotment of parking lot to you on payment. Please write a letter raising strong objections and demanding the immediate restoration of the parking lot in your sole name and restraining your sister in any way to use or claim to be the allottee of your parking lot. If your society fails to initiate action as required, you may escalate the issue with the general body for resolving the matter, failing which a complaint may be filed with the cooperative court. Alternatively you may opt for the mediation/conciliation through MGPs SAMET or any other centre.
Can I appoint my son as an associate member when he is owning a flat jointly with his wife in the same society? Can my son cast a vote as a joint member and as an associate member in the general meetings?
Vijay Erande, Goregaon
You can appoint your son as an associate member in accordance with the definition of the associate member in the MCS Act. Associate member has a right to vote with the prior written consent of a member. In case of joint members the person whose name stands first in the share certificate shall have a right to vote. In his absence the person whose name is second shall have a right to vote. Your son will be a joint member if his name does not stand first in the share certificate. If your son is attending the meeting as an associate member and also as a joint member, he will not be allowed to cast two votes. MCS Act provides that no member of society shall have more than one vote in its affairs. The same is reiterated in the Bye Law 106, which provides for one member one vote. In case of equality of votes only the chairman of the meeting is empowered for a casting vote. Thus, he will be allowed to cast only one vote. (Section 154B-1(18), 154B4, 154B-11 of MCS Act).
In 2017 I and another member of our society opted to purchase an additional flat of 750 square feet area for Rs41 lakh as per the redevelopment offer of the developer. The developer did not issue any allotment letter nor execute the sale agreement for the additional flat. The developer has still not given the flat we purchased. Recently we came to know that the last two vacant flats in the society have been sold by the developer, which we believed belong to us. He admits to having received our money but is not giving us a flat for which the amount was given. Society is also not helping us.
Daljeet Ari, Govandi
It is unfortunate that you have not taken any allotment letter from the developer before giving the full amount of the flat. You should at least be having the receipts of the payments. If the developer has sold the last two flats available in your society, you shall immediately file a criminal complaint against the developer for usurping your money, not giving you the flat you booked. Please consult an advocate dealing in criminal matters in this regard. Pursuant to RERA, developers cannot take more than 10% of the agreement value of the flat from the home buyers before the sale agreement is registered. Along with the criminal complaint you may also file a complaint with MahaRERA for the violations of RERA by your developer if your project is registered. Also make the society a party to the complaint so filed. You may seek the copies of the original offer accepted by your society, which mentions additional flat could be purchased by members at the given cost and the terms of such purchase, minutes of the meeting, expression of interest for purchase of additional area collected by Society, etc. If you have any correspondence with the developer/society with regard to payment or purchase of the additional flat, that will be helpful to establish your claim. Please request the society to cooperate with you and provide the required documents. Society cannot deny it as it is your right as a member.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com.
