Cooperative housing society law
arunkumark
(Querist) 06 September 2013
This query is : Resolved
In a regd cooperative housing society a member is not paying maintenance for last 7 to 8 years.Since the procedure under Mcs act 101 is a lengthy and expensive procedure to get the recovery certificate from the Asst Registrar managing committee is avoiding to go for it.On the other side the defaulter member who is not paying the maintenance for so many years is giving false and baseless application to the registrar taking objections about the working of the society and there Audit reports etc without any supporting documents.Asst registrar of our area is also frustrated and to get rid of him he is telling us to fulfill that defaulter members demands. Dear experts please guide what will happen if the society Managing Committe straight way refuse to the registrar in writing that all the demands and queries will be cleared once the defaulter member clears all his dues with interest to the society. Whenever a resolution is passed for 101 Mcs act against that defaulter member he is forwarding such false and futile application to the registrar.e.g 1-so and so member has not paid his dues even a society receipt shown to him.2- why this member is paying his maintenance in cash to the secretary? 3-Audit report is not received even though it is sent by rpad and recd back with his refusal remark 4-Attending Agm and creating Sean in the meeting and instigating other members to not to pay maintenance and also saying i have not received the notice copy officially.
Please also explain about the powers of assistant registrar civil/criminal nature.If the society does not attend to the false complaints of the defaulter member then what happens.If the exparty decision is given in favor of defaulter member can we go into appeal.please guide
ajay sethi
(Expert) 06 September 2013
you have been grossly negligent . how could you allow dues of member to accumulate for period of 8 years ? you ought to have after issue of legal notice filed application under section 101 MCS .
now your claim would be barred by limitation for dues over 3 years .
Rajendra K Goyal
(Expert) 06 September 2013
Still you can file claim for the last three years and take legal action for recovery.
arunkumark
(Querist) 07 September 2013
Ajay sir thanks for the reply.please put some light on the power of the Asst.registrar of civil or criminal nature. If we refuse to give details asked by defaulter member on the grounds of his payment defaults and not accepting any communication from the society then what kind of order registrar will give to the society.Any kind of penalty or fine.
ajay sethi
(Expert) 07 September 2013
give all the details requested by the member . society does not have to hide any information .
Rajendra K Goyal
(Expert) 07 September 2013
For powers of Asstt. registrar you can go through the concerned legislation. Don't try to be biased on any member, give information what so ever is possible. Be cool.
