Gujarat societies act,1961
hi there
(Querist) 03 May 2013
This query is : Resolved
Hi,
I am residing in a flat (12 members) of society which registered under "gujarat societies act,1961".
My query is that out of 12 members 2 members have not paid maintanace of the flat since last 3 years and till today.
What to do to recver the same from them.
Their arguments are:
1. give us access to accounts (we have sent them accounts of last 5 years for their checking purpose.)
2. give us service of sweeper.
(the situation is that they are residing on ground floor road touch and have made fence around their house (illegaly).
now we told our sweeper and providing them service of sweeper as per their demand.)
3. give us service of light outside their house on road.
(we told them that the same is not possible as we cannot do that its responsibility of municiple or they should do that on their own.)
4. transfer meters of electricity of all owners from "their wall" to other wall.
(this seems to be a very 3rd class matter as the electricity company told that it is not at all harmful to them.)
They are not willing to give maintenance that can be understood from their 3rd class arguments.
So can any one guide me in this matter,
how we should get the amount recoverd with interest.
all though we have(rest members) have passed to shift the meteres of electricity.
although we all know we were doing wrong but as we were not want to get any disputes so we done that.
So I will be Obliged to you if ou can help me out
We are also wanted to hire lawyer if he is able o help us in recovering the same.
M V Gupta
(Expert) 04 May 2013
The demands made by the defaulters are no grounds to refuse to pay the maintenance charges to the Society. File an application for recovery of the dues before the Registrar under the relevant provision of the Gujarat Cooperative Societies Act. (Sec 91 under the Maha Coop Societies Act)
hi there
(Querist) 05 May 2013
Thanks for your superb replies.
hi there
(Querist) 05 May 2013
but I want complete details upon the same that how I should go with and procedure under which section it is possible.
M V Gupta
(Expert) 06 May 2013
Pl check the provisions of the Gujarat Coop Societies Act and the Rules made thereunder. You have to file an application with court fees as prescribed under the Rules with all documentary evidence relating to the bills raised on the member and notices issued to him to pay up the dues etc. The Registrar will issue notice to the defaulter calling upon him to put up his defence if any and thereafter there will be a brief hearing. then orders will be passed directing the defaulter to pay up dues to the Society.
