India, Oct. 19 -- A housing society cannot retain money collected as a 'non-refundable' parking deposit merely by labelling it so. The society must establish a lawful basis for keeping the amount, the Co-operative Court has ruled while directing RNA Regency Park Tower Co-operative Housing Society in Kandivali West to refund Rs.50,000 to its members, Jignesh Khiraiya and Kusum K Khiraiya, with 6% simple interest per annum.

The court, on September 22, also directed the society to pay the couple's legal costs. The interest will be calculated from January 30, 2022, when the society receives their written demand for repayment, until the amount is fully recovered.

The dispute arose after the couple paid Rs.75,000 as a non-refundable deposit f...