A housing society cannot automatically claim ownership of a member’s money simply by describing a payment as “non-refundable.” If a society wants to retain money collected from a member, it must be able to show that the collection and retention are supported by law, the society’s registered bye-laws or a valid agreement. A Co-operative Court recently highlighted this principle while directing RNA Regency Park Tower Co-operative Housing Society in Kandivali West, Mumbai , to return ₹50,000 to members Jignesh Khiraiya and Kusum K Khiraiya. The court ordered the society to pay the couple ₹50,000 along with 6% simple interest per year . The interest will run from January 30, 2022, when the society received their written request for repayment, until the amount is recovered. The society was also directed to bear the couple’s legal expenses. The dispute over a parking payment The dispute began in 2017 when the couple transferred their flat in the housing society. During the transfer process,...