Maintenance charges
Thyagarajan
(Querist) 10 August 2012
This query is : Resolved
Our Flat Owners’ Association (in Chennai city) is registered under The Tamilnadu Societies Registration Act 1975.
As per provisions in Chapter III Sec 23 the office bearers can give notice to the members who do not pay maintenance charges and also sue them as per provisions in the Act.
In a related query, some experts members of club , have advised an author that if the members do not pay ,only the Registrar of Society is to be advised by the society and he will take appropriate action and no civil court or consumer court can be approached.
Is the related advice by experts will be same to my case as well under The Tamilnadu Societies Registration Act 1975.
I request experts to give answer by 11th
Regards
V R SHROFF
(Expert) 10 August 2012
In Mah State, Recovery of Mtn is under sec 101 of Co-op Soc Act, and Civil Courts are barred.
One cannot approach Civil Court for those dues.
Chennai, you have to consult Local Advocate dealing with Co-op Sector.
ajay sethi
(Expert) 10 August 2012
The Society cannot cut or terminate any facility enjoyed by the owner. The Society can only initiate legal proceedings for recovery of the outstandings and can also seek other reliefs as may be permissible under the law
The proceedings have to be instituted before a Civil Court or before the Arbitrator as provided by the bye-laws. The Society has to be represented by the officer concerned, who is authorised to institute or defend proceedings as provided by the bye-laws.
Raj Kumar Makkad
(Expert) 11 August 2012
The experts who opined that only the registrar is competent to recover the outstanding have not given advice as per legal position of the Act applicable in your State. The competent office bearer of the society has full power to issue notice against such owner of the flat and initiate proceeding against him to recover the dues/outstanding etc.
Thyagarajan
(Querist) 11 August 2012
Dear Raj Kumar,
Thanks for your answer
Sec 23 of TN Society Registration Act provides the the office bearers to treat defaulters as strangers and sue them as per provision of the Act.
Sec 50 provides that only a first class magistrate can try members for offences.
Can Consumer Disputes Disputes Redressal Forums which has powers to act as 1st class magistrates can be approached? if so under what section of the Consumer Act?
What will be the role of Registrar in the dispute?
