The registrar also declared the three office bearers ineligible for occupying any post till end of their tenure. They were charged with not complying with earlier orders of the deputy registrar, who also ruled in the flat owner’s favour.
Arora, 76, had purchased a flat in the upmarket flat scheme in 2018. He got the order in his favour some 2.5 years after he filed a case with the joint registrar for cooperative housing societies.
Arora, who did not appoint a lawyer for his case, told TOI such issues are rampant in housing societies, with many senior citizens harassed under one or the other pretext. He is now set on helping other citizens facing similar issues.
Anandam Society president Rajendra Choudhari, however, termed the registrar’s order ‘faulty’, claiming Arora had failed to pay maintenance charges since 2018. “The charges were towards maintenance dues, and it was the collective decision of society members to stop their services for recovery, and not to allot them share certificates till then. Till date, he hasn’t paid the maintenance even after being directed by the registrar. We were surprised by the registrar’s order,” he told TOI, adding they will again approach Kausadikar with more proof.
Arora had purchased Flat no. 1504 from builder Goldbricks Infrastructure Limited on August 13, 2018, with his retirement savings. It had been earlier allocated to Amit Agrawal, but the registry wasn’t completely, so it was sold to Arora. Four days later, the society issued him notice to pay Rs1.74 lakh as transfer fee. Even after he pointed out that he had purchased the flat directly from the builder, the society office-bearers rejected his claims and stopped his garbage collection and other services.
Arora approached the deputy registrar’s office contending that transfer fee should either be 2.5% of the price or Rs25,000. In December, the deputy registrar directed the society not to charge more than Rs25,000 from the applicant. The society was also told to transfer the security deposit, corpus fund and other amounts in Arora’s name as early as possible and also enrol him in the members’ list.
After the society failed to comply with the orders, Arora moved an application before the joint registrar, who summoned its office bearers on March 3. Their lawyer informed that the deputy registrar’s decision had been challenged in the high court.
Kausadikar then sought the opinion of Nagpur District Cooperative Housing Societies Federation, which granted no objection for action against Anandam Society, since the latter wasn’t its member. Anandam Society also failed to produce any record of its claim that registrar’s order was challenged in the HC.
Kausadikar then asked Arora to deposit maintenance charges with the society, which would not charge any transfer fee from him and restore all services to him available to other flat members.