LIABILITY OF COMMITEE UNDER MAH.CO-OP.HOUSG.SOC.ACT
Querist :
Anonymous
(Querist) 15 May 2010
This query is : Resolved
RS. 10000/- COULD NOT BE RECOVERED BY PREVIOUS COMMITEE UNDER FOLLOWING CONDITIONS:
1. EGM HAD SANCTIONED RS.80000/- TO BUILD OFFICE. CHEQUEOF RS.40000/- WAS ISSUED TO CONTACTOR ACCPTED BY EGM.
2. WORK STRATED BUT COULD NOT BE COMPLETED BUT HAD TO STOPPED DUE TO POLICE COMPLAIN BY NEBOURING SOC.
3. WORK COMPLETED WAS ESTIMATED BY COMMITEE TO RS.30000/- HENCE CONTRACTOR WAS ASKED TO REFUND RS.10000/- BUT CONTRACTOR REFUSED TO OUR ESTIMATE HENCE HE GAVE BILL OF RS.40000/- & REFUSED TO REFUND.
4. MENWHILE COMMITEE HAD TO RESIGNED DUE TO HARRASMENT BY A MEMBER.
5. NEW COMMITEE CULD NOT BE FORMED HENCE ADMINISTRATOR WAS APPONTED.
6. NOW NEW COMMITEE IS IN PLACE. RS.10000/-
ARE SHOWN DUE FROM CONTRACOR SINCE THE DISPUTED YEAR 2006 TILL DATE
KINDLY ADVISE COURSE OF ACTION FOR NEW COMITEE.
R.R. KRISHNAA
(Expert) 15 May 2010
Dear anonymous,
Had the EGM originally agreed to the contractor that the entire amount shall be Rs.80000/- for completion of building and in the absence of the contract to stipulate that any remaining amount over the estimate has to refunded by the contractor the EGM then EGM/committee cannot seek refund from the contractor.
Moreover since the dispute dates back to the year 2006, remedy gets barred under the law of limitation.
Best regards,
