Co-op. housing society - recovery proceedure
Giridhar Shettigar
(Querist) 18 August 2014
This query is : Resolved
Hello to all
I am the Sec. of Sai CHS in Dombivli, Thane Dist.
We had filed u/s 101 case against habitual builder and Occupants (as pagadi system) of the unregistered 5 Flats at Kalyan Registrar. Order passed in favor of Socieity. Then they appealed at Hon. Dy. Registrar at Konkan Bhavan, Belapur. the Case was dismissed by Hon. Registrar.
Two out of five occupants are paid their outstanding and become the members.
Pls. suggest to whom we approach for recovery outstanding amount from remaining defaulters. Outstanding amount is more than Rs. 2 lakhs each.
Can we disconnect their water connection by providing them a common connection at ground floor. If so pls. suggest the procedures for that.
Kindly Advise
Regards,
Isaac Gabriel
(Expert) 19 August 2014
Coop.Societies are having an in-built machanism in the department for realisation of dues.you have to file arbitration with the Deputy registrar of Coop.Societies only.
ajay sethi
(Expert) 19 August 2014
you cannot disconnect water connection of defaulters . water is an essential service. if you do so they will file criminal complaint against society
R.K Nanda
(Expert) 19 August 2014
no, u cannot do it.
V R SHROFF
(Expert) 19 August 2014
Essential supply like water & Electricity cannot be cut off. it is civil as well as criminal offence , lead u to jail..
Suhail A.Siddiqui
(Expert) 19 August 2014
U can not disconnect services.for dues recovery may approach civil court for recoveries or approach registrar cooperative.
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
Don't lay your hands in the essential services, it will attract the wrath of the court/authorities. Better take the help of the same lawyer who will guide you to initiate follow up actions on this issue.
Hemant Agarwal
(Expert) 06 October 2014
1. Recovery proceedings u/s 101 of the MCS Act, against builder-owned flats (or occupants), more specifically means "NON-Members" flats, "CANNOT" be filed before the Coop. Registrar .OR. the Coop. Court. The SOLE recourse is to file civil proceedings before the Civil Court.
2. The Society Mg.Committee, may disconnect Water + Electricity of such defaulters, IF they wish to be criminally prosecuted and jailed for atleast two years.
Keep Smiling .... Hemant Agarwal
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