time barred coop hsg society arears ?
Querist :
Anonymous
(Querist) 21 July 2011
This query is : Resolved
Sir,
Our housing society took up some major repair work in April 2000. As the contractor did not do satisfactory quality work , Leakages(which was not there earlier), from the walls & window Chajjas of my flat had started after the repair .
We had informed this to the repair committee immediately, who did not take any corrective action. So we were compelled to with hold @ 20 % amount to be paid by us. we have been paying other monthly maintenance charge regularly without fail.
We have made number of complaints in each monsoon. Due to damages on walls etc we have to spent painting/repair expenses every year.
The society has not done any redressel of my grievances & every year demanding the arrear with interest for all these years .We informed them that we are agreeable to pay balance only after they give us the details of actual payments to the contractor & do effective repair of the flat to our satisfaction.
kindly advice…
1. Since it is more than 10 years, has the demand of arear with interest not become time barred.
2. Whether we can demand the expenses made by us from the society to be reimbursed by the society.
3) Since this is a cause for major mental tension for my Family members , what type of action can be initiated by us.
Now the cracks developed in the structure,during renovation have become dangerous but even after repeated request no action has been taken by the society.
The society is even refusing to give us societies byelaws copy for this reason & only demanding payment of dues .The response of the office bearers is very arrogant when ever we approached.
Can I take any action, pl advice me proper procedure.
Regards…N.S.Joshi
reply to : nsj_2k3@yahoo.co.in
ajay sethi
(Expert) 21 July 2011
please note that member cannot withhold payment of society dues on account of any dispute . if you have failed to pay society arrears society is justified in demanding same with interest .
you have stated that dues are more than 10 years old . in such a case society cannot take summary recovery proceedings under section 101 of maharashtra cooperative socities act . however society can move cooperative court for recovery of arrears . every member is enttiled to copy of society byelaws on payment of charges and society cannot refuse you a copy of the same . you can also move court in the event repairs have not been carried out satisfcatorily but under no circumstances can you withold your contribution
