One of our member has purchased two flats (viz. 1/B 401 & 1/B 402) from the builder namely (M/S Acme Combines) but entered in to one agreement dated: 7th of October. The members have received one possession letter for both the flats from the builder dated: 8th December. They have two electric Meters. Also as per the current M.C.G.M plan the above flat shown as 2 flats.
For the above reason the Society was issuing two maintenance bills & has issued 2 Share Certificate each of 5 Shares (each shares of RS. 50=00 each)
Now we have received a representation from the said member that his two flats viz Two 1 BHK flat should be considered and treated as 1 single flat & they should be issued One Maintenance Bill & One Share Certificate consisting of Five Shares (of RS. 50=00 Each.)
Though the builder has given a clear clarification vide their letter dated 19-8 (Copy enclosed) in this connection referring to Member's letter Dated 15-10, that “ as per B.M.C approved plan and as per the documents submitted before the Registrar of the Co-op Housing Society it should be treated as two separate flats. i.e flat no. 401& 402 & also has clarified that on specific request made by the purchaser & for the convenience of the purchaser the builder/ developer had entered in to one agreement for both the flat.” We are at a loss to come to a conclusion for the said pending & disputed matter.
Therefore we seek valued interaction, suggestion & advice for the followings:
• Can now we as a “Society” change the Authorized Share Capital.
• How we should be charging the maintenance amount to the above member.
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