Yash D. Shah Office: 1-Shanti Park Soc.

Advocate Near Amit Nagar Circle,

(M.):+91 8320978411 Karelibaug, Vadodara.
Email : lex.yashshah@gmail.com

Sanad No: G/1776/2018

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Date :

By R.P.AD

To,
Shaishav Colony Plot Owner’s Association,
Common Plot Office,
Shaishav colony, opp. GERI,
Gotri, Bhaili Road,
Vadodara-390021

LEGAL NOTICE BY REGISTERED A.D.

Under the instruction and information of my client Mr. Anil Sharma, I

Yash D. Shah Advocate having office at : 1-Shanti Park Soc., Near Amit
Nagar Circle, Karelibaug Vadodara-390022 do here by give reply to
your notice in writing as under

1. That your entire notice is not correct and denied by my client.

2. All the contents of your notice are not correct and denied by
my client.
3. It is not correct to say that your client is an Association
registered under The Bombay Non Trading Corporation Act, vide
Registration No. G-9877. It is not correct to say that as an
Association of Members my client holding various Plots in the

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 Shaishav Colony. It is further no correct to say that the
Association is formed for the purpose of maintenance of the
common area, on amenities and is managed by the Committee
appointed in accordance with the constitution of the Association.
4. It is not correct to say that your client’s Association is a
registered body having independent legal entity and is capable of
being sued and to sue, in the event of any dispute. It is further not
correct to say that the Association is also authorised to recover
from its members the applicable dues towards maintenance. It is
further not correct to say that during the year 2013, each of the
Plot holder was required to pay to the Association the sum of Rs.
5,000/-, annually and such amount was increased during the year
2014 to Rs. 15,000/- annually. It is absolutely false that the
maintenance amount was increased by the Association to Rs.
16,000/- during the year 2016 onwards and currently the
applicable annual maintenance charges are INR 16,000/-.
5. It is not correct to say that the Association maintains its books
of accounts and regular accounts are maintained, recording the
income and expenditure of the Association.
6. It is true that my client is holding Plot No. 35 in the Shaishav
Colony but not as member of society. It is not correct to say that
my client have defaulted in obligation and have been in arrears of
payment of Rs. 99,000/-. It is further not correct to say that on
various occasions, the Society has sent to you communications
requesting my client to make the payment, however, my client
have failed, neglected and omitted to make such payment. All the
contents of para -5 are not correct and same is denied by my
client. It is not correct to say that my client committed default
and the Association is within its right and power to set law into
motion and initiate the proceedings for recovery for the
outstanding amount of INR 99,000/-. The Association is entitled

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 to recover such amount with all legal costs, interest and other
charges from my client.
7. That the contents of para-6 are false and denied by my client.
8. As a matter of facts: My client had purchased plot no. 35
from builder in year 2002 and thereafter my client applied for
Rajachitthi and same was granted by VMC. Thereafter my client
completed construction since then my client is residing at above
mention plot. However, my client is individual owner like others.
Thereafter some members of the society made association for
maintenance of society internal road, drainage, garden etc.
However, at the instance of individuals said association was
formed. My client was not member of association nor my client
consented said association.
9. It is pertinent to note that said plot was purchased by my
client independently. However my client or any other plot
holders are not member of society and they are not holding
property as member. In fact said society is neither Co. Op. Soc.
nor any service society and registered under law and therefore
there is no bylaws. Moreover said association is made with the
convenience of few people and they give their service for the
betterment of society only. Initially they do take care of society
road, common plot, sewage and other things. However, my client
used to pay maintenance fee for upkeepment of society but after
some time they unnecessarily enhance maintenance charges and
not showing account to the plot holder. Moreover they failed to
take care of society roads and other amenities and acting against
the interest of plot holder and therefore my client stop paying
maintenance. My client is not member moreover, said society is
not registered under cooperative society act and therefore there is
no bylaws. Under the circumstances your notice is absolutely

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 bogus and against the law and therefore my client compel you to
withdraw your notice.
10. Furthermore you’re informed that, if any kind of notice or
letter being served to my client in this regards, the consequences
you may face civil as well as criminal proceedings in reference to
your notice.

Vadodara
....................................
(With the instruction and information of my client)

Yash D. Shah

Advocate

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