It is quite common to have disputes and disagreements among residents in a cooperative housing society (CHS), whether it is about leakage, maintenance, car parking or any other issue. In most cases, the managing committee is supposed to arbitrate in the dispute to resolve matters amicably. Still, at times, the committee members are at fault or helpless to provide a solution. 
 
Each week, we have been looking at different issues raised by our readers and members of Moneylife Foundation. This week, we are addressing problems with a leakage from a neighbouring flat, unexplained additional charges in the monthly maintenance bill and difficulties faced when transferring the property card in the Society's name.
 
Illegal Amounts Added to Maintenance Bill
 
Question: My Society has forcefully added a sum of Rs50,000 to my maintenance bill and I have disputed it. A few years have passed while I have regularly paid the monthly maintenance, except for the addition of Rs50,000. Can the Society recover or adjust this amount against my future maintenance bills?
 
Answer: For asking you to pay Rs50,000 unlawfully, you should have made a complaint to the deputy registrar of cooperative societies of your area, against the Society, under Bye-law No. 174(A)(xxii). 
 
Even now, you can file a complaint against your Society to your area's deputy registrar of cooperative societies. If you have paid the amount, the deputy registrar will direct your Society to refund that excess amount with interest against your flat's maintenance dues.
 
Urban Land Ceiling Certificate Required for Property Card Transfer
 
Question: We reside in a cooperative society based in Thane. Our Society's deemed conveyance is already done. We have an urban land ceiling (ULC) issue because our landlord was in possession of extra land a few decades ago. Our developer has completed all the formalities relating to ULC. Now when we had gone to the Talathi's office for incorporation of our Society name on the 7/12 extract, they are saying that a ULC certificate is needed but it looks like ULC law has been repealed. Please advise on how we can get our Society's name on the 7/12 extract and property card. 
 
Answer: The ULC certificate of your Society can be acquired from Thane collector's office. With 7/12 extract and property card and any other land records of your Society's land, apply at Thane collector's office and you will get your ULC certificate easily.
 
Apply with certified copy of registered conveyance deed at city survey office, to transfer your Society's property card in your Society's name. Once the property card is in Society's name, with its copy, you can further apply at Talathi Office. They will not ask you for a ULC certificate to transfer your Society's 7/12 extract in the name of the Society.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question 
 
Delay in Possession for a Flat Bought in a Redeveloped Building
 
Question: I had booked a residential flat in Mumbai in 2019 in a redevelopment project from open stock for sale. The developer had promised possession in July 2020 and the project is RERA- registered. We have already made 97% of the payment by September 2021. The occupation certificate (OC) has still not been received as work remains incomplete. I would like to be paid compensation for the delay in possession. Shall I lodge an online complaint to RERA before receiving possession with OC or shall I wait to receive the possession? Do I need to engage a lawyer for lodging complaint and arguing the case?
 
Answer: Make a complaint to RERA against the builder, as it appears that he has taken more money from you before the completion of the project. In my opinion, an  advocate is not needed to take up your complaint with RERA. Against your investment, you will likely receive a penalty interest of 2% above the lending rate of State Bank's housing loan.
 
Neighbour Refusing To Acknowledge or Repair Leakage
 
Question: There is a persistent leakage from the bathroom of the flat above mine, but the owner has refused to take any action. He has even refused to allow a plumber I had hired to investigate the leakage into his flat. I have been unable to convince him and need some advice on handling this. 
 
Answer: Kindly write a complaint letter to your Society to get the leakage repair done by the owner who resides above your flat.
 
If Society is not ready to help you to get the leakage repaired, then under the Bye-law No 174(D)(iv) you should make a complaint against that flat owner and your Society, in your municipal ward office, to assistant municipal commissioner, who will convene a meeting with the Society's managing committee, the erring flat owner and you, in his office to settle the complaint.
 
(Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)