Duplicating Maintenance and excessive interest
7 months ago
1.I have paid maintenance for Jul-Sep 2022 on 01.07.2022 in cash and receipt of this amount
6594/-was acknowledged and issued receipt dated 020.7.2022 online. The Assn has failed to credit this amount and later claim that they have wrongly issued receipt instead of another person. They also claim interest @ 18%. Assn uses Mygate software. They have no answer to my question how the system issues sms and receipt without receipt of payment. I paid cash as my bank account was deactivated on account of a phishing event. Can the Assn cancel and change a receipt which stands in my name in favour of another? What level action can I initiate ? Writ, civil action or consumer forum. Please advise
2. The Assn demands and receives maintenance for 3 months. Even if there is a day's delay they charge interest for the entire 3 months even though 2 month maintenance has not fallen due yet. Will it not amount to usurious interest or kanthuvatti in Tamilnadu
Please answer and a suitable and knowledgeable lawyer.
All the activities of a housing association are governed by its Bylaws. Irregularities in r/o payment of maintenance charges as stated in the query appear to be a violation of the provision of standing bylaws of the Association. It appears to be a clear case of default and deficiency on the part of the association which they claimed to be a technical hazard. So whatever be cause behind the deficiency or default, a consumer should not be penalised for the same. In the prevailing situation, when the association is not cooperating a resident member of the association, you need to bring the matter to the notice of the competent authority, i.e, the Registrar of the Cooperative Societies or State Housing Deptt under whom the association got registration to resolve your grievance. You can also file a Complaint against the association before the Consumer Court for deficiency in service claiming compensation for harassment.
If you are to file a money suit against another, there is a jurisdictional requirement that must be observed. The law requires the defendant to be sued in the place where the contract was made or where it was broken.
You can take civil action against them.
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