Co-op. housing dispute
Raju
(Querist) 18 May 2015
This query is : Resolved
A dispute was raised by members of a Housing Society regarding payment of a bill for Rs. 7000/- to an Intercom vendor, saying that the bill for their service towards maintenance of the in-house Intercom was paid without having an AMC contract with them. However, the vendor says that they only give an Invoice-cum-Contract to all the Housing Societies. The service from the vendor was duly received and payment was made through A/c. payee cheque. There was absolutely no loss to the Society, whatsoever. In spite of this, a Resolution was passed in the AGM by some members that this amount to be recovered from the Committee members, who signed the cheque, saying that there was no proper AMC contract.
Is the MC members, who signed the cheque by virtue of the authorized signatory status, liable to pay the above amount to the Society in view of the Resolution when there is no loss to the Society? Based on a technical omission, can the MC members be held responsible for paying up the amount?
Raju
(Querist) 19 May 2015
Expecting a suitable reply to the above from the experts. Thanks, Raj
malipeddi jaggarao
(Expert) 19 May 2015
The action of MC members in the given circumstances cannot be challenged by passing a resolution in AGM as the services are received by the osiceyt and it is practice of service provider to give bill-cum-invoice. At the same time, how the MC allowed the resolujtion in the AGM? Is there any misuse by MC in the transaction?
T. Kalaiselvan, Advocate
(Expert) 21 May 2015
The action done by the MC members was in the interest of the society. The resolution passed by AGM to recover the amount from MC members cannot be held legally valid when the transaction was done with the approval of the body of the society. The MC members if were told orally, let them demand the same in writing after which they can send a legal notice by making their stand clear on the basis of merits on their side.
