Can recovery proceedings u/s 101 of the mcs act
Pravin
(Querist) 19 December 2017
This query is : Resolved
Hi, Pls. Reply to following Queries at the earliest :
1. Can Coop Hsg Soc.or its Office Bearers disconnect Water Supply (Either Drinking or Boring) of the member and alternatively providing a Tap at the Gr. Floor of the Society Bldg. towards non payment of disputed Maintenance / Repairs dues ?
2. Can Society or Dy. Registrar U/s. 101 of MCS Act recover Maintenance dues only upto last 3 Yrs. from the date of Application by Society or can go upto any period beyond 3 years as demanded by the Society and that too only for Maintenance dues + Interest or for other dues also ?
Hope to get Reply from Experts at the earliest ! Thanks in anticipation of your imm. reply
Pravin
P. Venu
(Expert) 20 December 2017
The query is too technical in the absence of facts. Please post the facts.
Hemant Agarwal
(Expert) 20 December 2017
1. It is a Criminal Offence to disconnect any type of Water supply to any resident. It is Criminal discrimination to Socially isolate any member and provide a separate tap.
2. Society can recover its dues u/s 101, only upto Three years, For other amounts CHS has to file matter before Cooperative court or Civil court.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Dr J C Vashista
(Expert) 21 December 2017
Recovery of society dues can be made even beyond limitation period of 3 years, however, the coercive action to change source of water supply is just to recover the dues (although beyond legal action) but the Society management has been compelled to restore such action.
Pravin
(Querist) 21 December 2017
Thanks a lot !! Sh. Hemantji & Dr. Vashista for your Valuable Reply on my Query. Dear Sh. P Venuji, I elaborate my query in detail as under and request all the Experts to have their opinion please :
I am resident of Thane, Maharashtra. Few years ago( in 2011 - 12) Society took money for Painting & Repairs of Bldgs. However Society didn't do the job as per the Resolutions passed, particularly I had a water leakage problem which they didn't solve and hence I wrote them that if they don't solve it, I will have to do it out of my own funds and will adjust the same from the Maint. Amt. to be paid. Society never replied to any of my written Grievances, I had to complete the leakage work out of my own funds and I stopped making payments of Maintenance to recover my expenses. As on today the Outstanding Amt. is about Rs. 35,000 ( Principal) plus Interest @ 21% amounts to Rs.60,000 from 2012 - 2017 ( In between I had made lumpsum payments of 45,000). My argument is, the society must allowed my exps. which is about Rs. 46,000 made in 2013 and if this amt. is adjusted there will not be any penalty Int. @ 21% Rs.60,000/- However office bearers not ready to accept and threatening to disconnect water supply by providing a tap at the Gr. floor and further issued Notice U/s 101 of MCS Act.
Hence my queries are , 1) Am I legally right in my view of the holding and adjusting the amt. from Maint. amt. ?
2) Will Dy. Registrar consider my above argument or he is not concerned for the same ?
3) Can Society recover the dues which are from 2012 or only for last 3 Yrs. from the Dt. of Application ? 4) In case not satisfied whom to approach against Order of Dy. Reg. and lastly 5) Do I have now the option to either go to Consumer or Cooperative court and is it worth ?
Gentlmen, my queries this time are more but hope you will still give your valuable Reply as per your convenience. Thanks a lot again for your cooperation !!
P. Venu
(Expert) 21 December 2017
May be that you have a genuine grievance, but you have overreacted to the situation by stopping payment of maintenance charges.
Yes, it is illegal to disconnect water supply. However, it is a moot question whether the Society has really in the wrong as they have provided a source of water for you at the ground floor.
Disputes and Litigation on such nitpicking issues cannot but be unprofitable. It is better that an amicable settlement is arrived at.
Pravin
(Querist) 22 December 2017
Thanks Mr. Venu for your Valuable Reply. Again my Query is if i would not have stopped Maint. Charges, what was the solution to recover the exps. incurred by me. Other Experts also pls. look at the 5 Queries above and Reply as per your convenience. Thanks in anticipation of your Valuable Reply !!
