By I C Naik
Property Tax matters are usually handled for the building as a whole as mostly the user of every flat is uniform namely residential. Any Change in user attracts tax change and such user change is permissible if the managing committee approves any it is permissible under town planning regulations monitored by BMC.
In Kandivali one can see many shops on the ground floor with all other floors as residential purpose flats. The affidavit you have executed has a clause that you will not change the user of the flat without prior approval of the managing committee. The previous owner has used residential purpose flat as a computer shop with approval of BMC which cannot be done without the Committee’s approval.
BMC officials’ stories in case of dealing in any monetary matters or approval matters is far from secret and is accepted as part of living style and no one has time take on them.
In this case BMC and Committee and CHS (being the owner of the Building, all are negligent in their duties to carry them out properly so that the tax payers do not suffer injustice.
The Government enacted Consumer Protection Act 1985 to give justice to consumers in such cases. The Supreme Court of India has ruled that h making a complaint under CPA 1985 is consumer’s remedy which is in addition to any other remedy provided under any law and as such you can also approach district Consumer Court for getting this relief from the society as well as the BMC. The procedure is simple. Within two years of RTI info becoming available to you, file a complaint against both before the Mumbai Suburban Additional District Forum, Administrative Building 3rd Floor,Near Chetana College Bandra (E) Mumbai 400051.
The matter before Consumer forum are not all that legal but are fact based and can be presented by the complainant him/herself. It does not require a lawyer or a court fee. Go and meet the Registrar of the Court who will guide. The process is also shortest as compared to that in any other forum.
So go ahead and best of luck!