Right to use clubhouse
6 years ago
We bought a resale apartment in a complex which is comprised of 16 Co-operative Housing Societies. There exists an apex federation of these CHS responsible for maintaining the common areas including the clubhouse. As per the agreement between the promoter and the first owner of the flat, the first owner had paid Rs. 50,000/- as 'Clubhouse Development Charges' entitling her to 'the right to use clubhouse'. The apex federation now is demanding Rs. 50,000/- again towards a 'clubhouse membership' if the first owner had paid clubhouse development charges to the promoter and Rs. 1,00,000/- otherwise. Does the apex federation have the right to charge us for a membership fee when the agreement between the promoter and the first owner never mentions the same but rather uses the words 'right to use clubhouse'? What complicates this further is the fact that the promoter is still selling apartments wherein they are charging Rs. 50,000/- towards clubhouse development charges.
Deepak Yashwantrao Bade
Responded 5 years ago
NILANJAN CHATTERJEE
Responded 6 years ago
Kevin Lobo
Replied 6 years ago
Thank you for your reply sir. The CHS doesnt hold any elected members. This is a temporary administration which the registrar has directed to hold elections. As I mentioned above, the point of contention is the agreement between the promoter and the first owner never mentions the word 'membership' but instead 'right to use' and as per the sale agreement all rights have now been transferred to me. Is this deduction right? Also, the promoter is still selling flats with 50,000/- towards clubhouse development charges while the chs is demanding 1,00,000/- from resale flats which previously did not have the clubhouse development charges paid against them. Isn't this ambiguous and wrong?
Abhimanyu Shandilya
Replied 6 years ago
They are not right if they are not elected. Second there cannot not be two policies for people who are buying directly from the promoter and for people who are buying as resale. You should contest the validity of these rules. From where the temporary administration is getting authority to ask for extra money.
Kevin Lobo
Replied 6 years ago
Should we take up this issue in a consumer court or with the registrar?
Ambrose Leo
Replied 6 years ago
You can take the help of a Senior Lawyer to take up the complaint before the Registrar, as there are many issues are in your favour and the result will set the things right.
Abhimanyu Shandilya
Replied 6 years ago
I agree with Ambrose Sir.
Kevin Lobo
Replied 6 years ago
Thank you for your suggestions Mr. Leo and Mr. Shandliya. I will approach a lawyer and keep you posted regarding the proceedings.
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