Society maintenance
sandeep
(Querist) 18 October 2015
This query is : Resolved
One of the member is taking possession in 2001 and society make him member in 2003 member is refuse to pay to society because society not making him register member now society can recover the maintenance in 2015 from period 2001 to 2003 under which mcs section. Member pay the maintenance regularly after 2003 to till date. Also society get interest on that outstanding amount
V R SHROFF
(Expert) 18 October 2015
Society can claim for full amount,
Better pay the dues.
You might not be member between 2001-2003, but you must have consumed all services, of society including Water/ common Electricity etc.
Simple Interest of up-to 21% annually is also payable.
Hemant Agarwal
(Expert) 18 October 2015
1. Society CANNOT transfer new membership without FIRST recovering its outstanding dues from the outgoing member. IF anything contrary to this THEN society loses it rights to recover any former members dues, for whatsoever reason.
2. Society can lawfully recover its due "ONLY & ONLY" from its registered members, u/s 101 or u/s 91 of the MCS Act, irrespective of any other criteria.
3. Hence for dues prior to new membership registration, society may recover its dues from its former member (if legally possible)
4. The Mg.Committee is liable to make good any losses caused to the Society by its own omissions and deficiencies, for transferring new membership without FIRST recovering its outstanding dues from the outgoing member.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 18 October 2015
What the society was doing from last 12 years?
Refer the byelaws of the society regarding claim of previous arrears of dues / maintenance.
If society claims, challenge the same as limitation has expired.
K.S.Srinivas
(Expert) 20 October 2015
Agreed with Sri Rajendra K Goyal.
Dr J C Vashista
(Expert) 22 October 2015
I agree with expert advise of Mr. Rajedra K Goyal.
Is it a Cooperative Society or any Welfare society or any other type of Society or RWA?
T. Kalaiselvan, Advocate
(Expert) 24 October 2015
Even if it is eligible, it is barred by limitation and may not gain grounds for claim.
sandeep
(Querist) 08 August 2016
It is co operative housing society
sandeep
(Querist) 08 August 2016
It is co operative housing society
Guest
(Expert) 08 August 2016
Mr. Sandeep,
Normally, your questions have been of academic nature. However, can you plese clarify, how you are concerned with the case?
The question arises, if the member refuses to pay the maintenance charges from the date of possession, what right he got to use the common facilities provided by the society to the residents in general. So, refusal by the member is quite wrong.
sandeep
(Querist) 08 August 2016
Some members are even right because some society not act as per bye laws
This society is harassing members that's why member take advantage of mcs act
Guest
(Expert) 08 August 2016
With your latest reply, you have not touched my questions even slightly.
sandeep
(Querist) 08 August 2016
Above case member are trying to give that time but committee members making hurdle and asking excessive amount
Rajendra K Goyal
(Expert) 03 September 2016
Repeated, Please ask any further information / advice in same thread. :
http://www.lawyersclubindia.com/experts/Housing-society-penalty-614676.asp
http://www.lawyersclubindia.com/experts/Recovery-under-section-101-in-housing-society-613626.asp
http://www.lawyersclubindia.com/experts/Recover-dues-of-housing-society-559186.asp
Kumar Doab
(Expert) 03 September 2016
Why so many repetitions?
Dr J C Vashista
(Expert) 03 September 2016
It is ridiculous and absurd to repeat same query.
The experts on this platform are doing social service FREE OF COST, if you are not satisfied with the FREE opinion/advise, instead of opening a new thread, you should have sought professional services of a local lawyer.
