Complaint under 101 of mcs act
arunkumark
(Querist) 25 January 2014
This query is : Resolved
A complaint under 101 of mcs act has been filed with Asst. registrar of cooperative housing society against one of the defaulter member for recovery of society dues of last seven years.The said member has not attended any of the society meetings for last seven years and not paying the maintenence.In his reply he is saying that the person who has filed the complaint is not secretary and does not recognise him.
The managing committee is elected unopposed on 12.9.12 Agm and since then all the remaining members are paying their monthly maintenance and other correspondence with the same managing committee.The minutes of Agm clearly states the managing committee is elected unopposed as out of 16 members society only 9 members are eligible to participate and vote for election. The remaining 7 members are as follows - 3 defaulter for payment 3 Non resident indians ( flats non use)1 non member(just purchased the flat).Out of 9 eligible members 1 member was not present for the Agm meeting.So remaining 8 members voted for 4 interested members to form the managing committee.The defaulter members were not allowed to vote because of their payment default.I think this explanation and minutes of the Agm meeting and the proof of recd payment from other society member is sufficient to prove who is secretary / chairman etc.Please advise if any other support of proof is required. As per my guess the said member is trying to avoid make payment on silly grounds or to delay the matter.The said member is not official member who is staying in the flat owned by his late brother. He is also asking for M20 idemnity bond copy as he is not aware of abolished m 20 i bond with effect from 6.9.12 and the agm was held on 12.9.12 so it is not applicable.please give correct advise inn this regards,
ajay sethi
(Expert) 25 January 2014
under section 101 MCS you can recover dues for only 3 years . rest of your claim is barred by limitation
defaulters cannnot be elected to managing committee nor vote in elections
Rajendra K Goyal
(Expert) 25 January 2014
Well advised by the expert ajay sethi ji, agree to it.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
All the dues falling within 3 years can be recovered and not beyond that, barred by limitation.
