Action against defaulter in housing society
Rohit Telang
(Querist) 20 February 2014
This query is : Resolved
We have a few defaulters of monthly maintenance in our housing society.We issued notices to them through our lawyer.the lawyer has proceeded for section 101 under maharashtra coop.societies act.How long does it take to get the amount due from such defaulters ?These defaulters have given their flats on rent.Can we stop the water supply to these tenants or cut their electric supply?or can we stop their garbage collection?What exact punitive action can we take against these tenants of defaulters? We are unnecessarily paying the common charges for these defaulters?Is it not injustice to honestly paying members?
Isaac Gabriel
(Expert) 21 February 2014
Legal action has been taken by issue of notice.Proceed as per the bylaws to dispense with the services rendered by the society.
Dr J C Vashista
(Expert) 21 February 2014
Time taken to decide the matter involves number of factors, which cannot be predicted.
Yes coerecive action can be taken by the MC, even expulsion proceeding can be initiated against the member.
P. Venu
(Expert) 21 February 2014
The Society has to proceed as per law; Disconnecting water and electricity supply etc. amounts to taking law into your own hands.
Rajendra K Goyal
(Expert) 21 February 2014
Society should proceed only as per bye laws and rules. They should proceed against the tenants and the owner both for the balance of maintenance.
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
If you are secretary or the office bearer of the executive committee, you should know what your memorandum of association says about this. It will be clearly given what is to be done against such defaulters in the event of they not paying the maintenance amount. Cutting the electricity connection and water supply will be equal to denying heir rights to basic amenities, it is illegal, unlawful and can be considered as an offence in the criminal law too, so better to proceed as per due course of law in this aspect.
Dr J C Vashista
(Expert) 22 February 2014
1. Cooperative Societies do have their own Bye-laws approved by General Body Meeting, registered with the (State) Registrar of Societities and donot have any Memorendum of Assocation.
2. In order to deal with defaulters there is specific provision in the Bye-laws, (State) Cooperative Rules and (Stae) Cooerative Act. Please read, engage a local lawyer and proceed.
3. At times,the MC has to initiate such actions which are (prima-facie) illegal but manipulations for maintaining the society. Accordingly, legally speaking I agree with the experts opinion regarding disconnection of electricity and water.
4. On the contrary and practically the MC has to take these steps to deal with such defaulter, everything is fair, nothing wrong (although illegal).
P. Venu
(Expert) 22 February 2014
Fair though illegal! How could it be. Rule of Law is maimed if even legal professionals are reluctant to abide by the rigours of law.
ajay sethi
(Expert) 22 February 2014
no under no circumstances can you disonnect water supply . if you disconnect water supply the defaulter will file police complaint against you .
you can levy interest at 21%pa if defaulter fails to pay maintenance dues
the remedy of society is after issue of legal notice to take recovery proceedings under section 101 of MCS act
