Maharashtra co-operative society issue
kavkaz
(Querist) 21 December 2013
This query is : Resolved
As per maharashtra co-operative society bye laws 160a; my residential society had passed a resolution in 2005' AGM meeting to pay me the terrace water proofing expenses of Rs. 18,000 beared by me but have not paid the amount to me till date.
In contrast to the resolution already passed in the AGM meeting mentioned above, the current society managing committee has passed a new resolution in a revised AGM held this year to NOT pay me the above said expenses.
I will now proceed to file a suit against my society managing committee in the cooperative court mumbai and I have the below queries to ask at lawyersclub.
1. Will I succeed to get my reimbursement in such case as per maharashtra cooperative society bye laws?
2. How much court fees and processing fees will I have to pay?
ajay sethi
(Expert) 21 December 2013
what were you doing for 8 years? if rsolution had been passed in 2005 and society had not taken any action you ought to have taken legal proceedings within period of 3 years ie by 2008 .
after 2008 did you receive any acknowledgment of liability by society ? your claim would be barred by limitation
Rajendra K Goyal
(Expert) 21 December 2013
The claim is time barred at present. However, go through the new resolution in AGM whether the same is acknowledging your claim and deciding later about not to pay or otherwise. Have you any other proof with you which can prove the acknowledgement.
Hemant Agarwal
(Expert) 08 January 2015
1. The querist says "the current society managing committee has passed a new resolution in a revised AGM held this year to NOT pay me the above said expenses"
2. A New cause of action (claim) arises, (in addition to the earlier "continuous" claim) , WHEN the Mg.Committee passed another resolution in 2014 (means "this year").
3. Conclusively, the "continuous" claim is NOT time barred AND the querist may proceed to file case, with the Coop. Court, and/or with the Consumer Court, based on the AGM Resolution passed in 2014.
Keep Smiling .... Hemant Agarwal
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