Co-op.hsg. society section 101
Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
My friend has defaulted on the monthly maintenance charges to be paid to society due to his financial problem and now the society has served him the notice under section 101. what action society can take under this section if he does not pay the dues within the time specified in the notice ? what are the further remedies available to society to recover its dues?
Raj Kumar Makkad
(Expert) 18 January 2012
When any recovery suit is to be filed under Section 101 of the M.C.S. Act, 1960, the Society should be aware of the type of dues which can be recovered from the members. If any penalty or charges which are not provided in the Act, Rules or the Bye-law of the Society, the same cannot be recovered u/s 101 of the M.C.S. Act, 1960. So you are advised to go through the bye-laws of that particular society.
