Society issue need help please !!!!!
M J Maheshwari
(Querist) 14 June 2015
This query is : Resolved
I am the owner of an apartment in a cooperative housing society. Two years ago I had made a payment of maintenance by cheque well before due date; however the society treasurer/secretary did not deposit the cheque in the bank.
I could not verify my bank passbook due to my mothers death for that period.
Till recently, the society bill did not show any arrears or any interest. The society is now demanding the maintenance along with interest from me.
I am a prompt payer.furthermore the Chairman, Treasurer and Secretary do not pay any attention to my continuous request for past 2 months to cancel interest.I am willing to pay maintenance but not the interest.
Pls, advice what remedies are available for me.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 June 2015
It is atrocious cannot be tolerated. If u have deliveres cheue in time.Contact me on 9869400938. Email jeevansci@ yahoo.com
Gagandeep Goel
(Expert) 15 June 2015
Its just ok if they did not get d chq encashed.
Now u can sue them in consumer court for deficiency in services
Adv Akhtar Ali Sheikh
(Expert) 15 June 2015
Most society office bearers run the society as their fiefdom, they know nothing, no ethics and no principles of natural justice adherence. While immense legal responsibility is cast upon them to act in a prudent way. Now there are two options for you either you take them headlong legally fight the case for couple of years spend money in 10s of thousands to get relief or simply pay the interest and purchase peace I will suggest resort to latter if you can gulp down the indifference of society members else fight tooth and nail which I think will be an exercise in futility because they are shameless and intolerant people. Simply put just pay the interest and bury the matter.
Rajendra K Goyal
(Expert) 15 June 2015
Proceeding legally would be cost and time consuming. Agree with the practical approach of the expert Adv Akhtar Ali Sheikh.
Anirudh
(Expert) 15 June 2015
Forget about whether you checked your bank statement/passbook or not. Did you get any receipt from the Society when you paid the maintenance charges by cheque? If not, why not?
M J Maheshwari
(Querist) 19 June 2015
Thankyou all the experts for taking time and efforts for giving an amicable solution to my problem.
Further, is there any way that I can address this problem to the registrar of socieities.
Does the by-laws of a society offer any relief to the member in such cases.
Mr.Anirudh I have maintained the receipt of that cheque with me with all the details clearly mentioned on it.It is a proof that I had made payment on time.
They did not present the cheque for payment and are accusing me that my cheque was bounced.
I had sufficient balance for honouring the cheque and have also confirmed the same with my bank and my passbook. Also, my passbook does not show any entry of that particular cheque.
Anirudh
(Expert) 19 June 2015
Simply write back to them saying that you had given the cheque No......dated ....... for Rs. ....towards maintenance charges well in time and you have been granted Receipt No......dated .........by the Society acknwoledging the receipt of the cheque.
In view of the above, you are not liable to make payment of any interest for no fault of yours.
You can enclose a fresh cheque in lieu of the old cheque towards maintenance charges and again take receipt for the same.
Take a photocopy of the earlier receipt given by the society and talk to other flat owners in the society so that they can also see your point of view and will be in a position to persuade the Society to accept the payment without insisting on any interest.
In case the society takes any coercive steps by creating any restrictions, then you can try to approach the consumer forum, after first giving legal notice in that regard.
M J Maheshwari
(Querist) 19 June 2015
Thank you once again Sir....!!!!!!
I deeply appreciate your immediate response.
