Your Housing Problems & Solutions

Illegal Fine for Not Wearing Mask

Q: I have been fined Rs 500 by my society for removing my mask as I was entering my building. I have seen many people in society take evening walks without following social distancing norms, but wearing masks. I would like to take help on how to lodge a formal complaint and what steps I should take. As a member am I entitled to see the CCTV footage which the society has in their possession, to identify people who are flouting norms? Can society chair bearers make rules regarding collecting fines etc. for not following a rule or whether they need to consult a higher authority?

A: Did you pay the fine to your society, Rs 500 for not wearing a face mask?

Did you pay fine by cash or by cheque? Also, have you received a receipt from the society? If yes, under what heading is the fine shown on the receipt?

You have the full right to ask for CCTV footage of your society's premises. Society, if sending you a copy by email, then it should be sent free of charge or for a small fee of Rs 50. If your Society gives you its CCTV footage on a pendrive or by a CD, then the cost of pendrive or CD (if given by society) plus a small fee of Rs 50 can be taken from you for CCTV Footage.

With all these, under Bye-law No. 174(A)(xxii) make a complaint against your Society to the Deputy Registrar of Co-operative Societies of your area, by email. Nowadays all Deputy Registrars are attending their complaints made to them by email, from their home.

To know email ID of your Deputy

Registrar, kindly visit: www.sahakarayukt.maharashtra.go v.in or www.mahashakar.maharashtra.gov.in

On these sites, you will get links to find the email id of the Deputy registrar of co-operative societies of your area.

Internet Service Providers in CHS

Q: In our CHS, five members and I want to use high speed internet services either through Airtel Fiber or Jio Fiber. Both company’s technicians have informed me that they need society’s permission for installation.

All of us had asked society to grant permission for the same.

However, society claims that they currently have contracted a local internet service provider who pays them a monthly rental as well. So, if Airtel or Jio was ready to pay the same rent, only then would they grant permission.

I wanted to know whether a society can demand charges for public utility services? Please advise.

A: Installation of internet service needs use of electricity and permission from the Government for installation of the antenna on the building.

Ask your society’s office bearers, how much presently the internet provider is giving to society and why he cannot give high speed internet, as desired by you.

If your society's office bearers do not give a proper reply, then approach Airtel, Jio and your present internet provider, and find their monetary terms and conditions for their services to the customer and with society.

Ask these service providers to give the name and address of ten Societies in your area, and do a comparison of their services to the customers in these societies. When you are thorough with these points, you can make a complaint against the society's Managing Committee to Deputy Registrar of Co-operative Societies, under Bye-law No.174(A)(xxii) for not providing better utility services to its members.

Using Residential Premises For a Bank

Q: We have let out a flat to a co-operative bank. The society is objecting and pressuring us to ask the bank to vacate. In this scenario, the bank existed before the formation of society. Can society object in this case, for any reason whatsoever?

A: You have not made it clear whether you have let out your flat to a Co-operative Bank for use as an office or as a residential premises to its employee.

If you have let out your flat as a residential premises to the bank, and not as an office, then your society cannot object to you giving your premises on rent.

If it is given as office premises, and your premises is approved in the Municipality approved plan of your Society's building as a residential premises, then you cannot give your flat on rent for using it as a commercial premises.

In that case, the objection raised by Society is right, even if you have let out your premises to the Bank before formation of the Society.

If your premises is on the upper floor, and you have let out a bank for its commercial use, then surely you have to remove the bank from your flat, as Municipality will not allow a commercial premises on the upper floor of a residential building.

However, if your residential premises is on ground floor, and it is used as commercial premises, then with NOC from other residential flats on the ground floor and also NOC from the society, from Municipality approved Architect or Structural Engineer at your cost, get your flat's plan approved as a commercial premises. Then your premises will be regularised to use it by a bank as a commercial premises Answers provided by experts of Moneylife Foundation.