HC relief for Ahmedabad housing society in dispute over maintenance dues

HC relief for Ahmedabad housing society in dispute over maintenance dues

Ahmedabad: Gujarat High Court has stayed orders passed by govt authorities directing a cooperative housing society to grant membership to a homeowner who has resisted paying maintenance charges, alleging deficiency in services by the society’s management.

Tanna, however, objected to the amount, including a penalty of Rs 69,000 and 18% interest.

It said he had also filed a criminal complaint before the JMFC court in Gandhinagar, alleging that the society had failed to comply with the authorities’ orders by not admitting him as a member. When the court found that Tanna did not accept the proposal, it said, “Considering the fact that there are disputed questions of facts as well as considering the fact that on account of pendency of this petition and on account of the fact that the impugned orders dated Aug 30, 2022 and Nov 23, 2023 are not stayed, the petitioner is facing multiple litigation before various forums, I deem it appropriate to grant interim relief to the applicant as prayed for in the present Civil Application. ” The lawyer further submitted that Tanna has made complaints regarding management of the society and demanded appointment of an administrator. After hearing both sides, Justice Nirzar Desai suggested that if Tanna deposited the amount with the high court, the society could be directed to grant him provisional membership immediately.

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