Society
2 years ago
As per Society Act, only simple interest of 18% have to be charged.
But my society is charging interest on interest which makes it more than 21%.
When I objected to this, they told that every society is doing same.
Q1 - Is this legal to charge more interest than Act.
Q2 - Can they bypass Act by bye-laws . bye-laws are more powerful than Act.
When I told that I will file legal case then they agreed to correct the interest to 18% in AGM but even after 1 year they not did anything even after reminders and keep on charging more interest.
Q3 - Can I file defamation and/or any criminal case for false information in AGM.
You cannot file defamation and/or any criminal case. It is social bias and it may not be corrected so easily.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
a child can never grow older than mother.
The bye-laws takes power from Act itself so bye-laws can never become more powerful than Act.
You can definitely make complaint to registrar of society.
You can also file case in consumer court for refund if you paid.
Ankita Jaiswal
Responded 2 years ago
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Sidhaarth
Responded 2 years ago
1. No.
2. No.
3. No defamation case is made out in given circumstances. Report the matter to registrar.
You should immediately report the Secretary to the Registrar of the Society Registration Office. Since you've already approached them about the issue, keep a record of it as evidence and just pay money at an 18% interest rate. They are unable to seek redress in the courts because their demands are illegal.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You will have to file the appropriate proceedings before the Co-operative Court having jurisdiction in your area.
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A2. No one can bypass an Act passed by the Country/State through its own bylaws or rules
A3. No you can not file defamation or criminal case for false information but certainly you can complain to the Registrar of the Society Registration Office.
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