Time barred maintenence by housing society

A suit for recovery of debts filed after three years is deemed to be a time barred suit. A  suit instituted and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence [Section 3 of the limitation act, 1963] This is known as a suit for recovery of time barred debt.

In a co-operative housing society, the Society has a charge on the flat owned by the member for all amounts due from the member. In Mumbai and Maharashtra the Society has to issue monthly bills demanding payment. The bills have to state under what head payments are due. Hence that would be the euivalent of  rendering account. Have you been served with monthly bills since 1999? Payments to Society are of a continuing nature. If you make payment at any stage it will not be adjusted against your current dues. Your payments will be adjusted in chronological order. For instance if you make a payment now for the current month first it will  be adjusted against your alleged dues in 1999. As payments to the Society are of a continuing nature the law of limitation will not apply. If the Society wants to recover the dues there are two ways the Society can do it. If you want to sell the flat the Society will not allow you to sell it until you pay up the dues. If you complain to the Registrar and the Society gives that as the reason, the Registrar will not support you. You would rather pay up the amount, sell the flat and quit the Society rather than fight.  Another way of recovery is for the Society  to apply to the Registrar for a recovery certificate. The Society will have to render accounts to the Registrar to his satisfaction. After due process which would require giving you notice and an opportunity to you to present your side of the case, the Registrar may issue a recovery certificate to the Society. Once the recovery certificate is obtained the Society can recover the amount from you as arrears of land revenue under Section 101 of the Act. In any case don't be complacent. If necessary you go to court and get the demand notice of the Society quashed.