Co operative Hsg Society bye laws

sandeep (Querist) 20 December 2016 This query is : Resolved
1) Our housing Society is registered in 2002 i am also member of the housing Society. 2) One of the members take possession in 2000 3)Society make him member in 2004. 3) He is defaulter of society since taking possession. 4) Now society is file a case under mcs act section 101. 5) Now my question is society can recover the whole amount with interest, as per maharashtra state bye laws society can charge 21% rate of interest on property tax and general maintenance or only charge interest on general maintenance only. Society is giving exorbitant amount of maintenance bill from when he take possession. Now I noticed that which bill is society is gave him from 2002 is not match with current statement of account which is attach in a file of 101. For example in months of January 2002 his bill showing 30,000 outstanding but now when I am see in 101 file there is showing only 2500. In this society will get recovery certificate of whole amount which is files in suit or registrar give order only pay the principal amount to the defaulter member.

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Kumar Doab (Expert) 20 December 2016
Society bye laws are to be framed in accordance with Model Bye Laws.

Relate with Model Bye Laws.

Point out variances.

Hemant Agarwal (Expert) 20 December 2016
1. Society outstanding dues & Interest thereon, of over Three years is beyond Limitation period u/s 92 of the MCS Act.

2. IF the "ledger account" of the member, does not match or disputed by the member, THEN the outstanding amount is NOT recoverable u/s 101 of the MCS Act.

3. Each of the past and present Mg.Committee is personally liable to make good the loss of the society (outstanding dues) for its negligence and omissions to conduct recovery proceedings against the defaulter member, within the time limit.

4. Interest @ 21% can be recovered from Members, Provided the interest rate was duly approved and recorded in a General Body Minutes. ELSE NO.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Kumar Doab (Expert) 20 December 2016
Expert Mr. Hemant Agarwal has provided Precise and concise advise with rule position.

Appreciated.

Message likes : 1 times

Hemant Agarwal (Expert) 20 December 2016
Shri Kumar Daob:

Thanks & ALWAYS welcome.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com