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Veerendra   14 October 2024

Not accepting maintenance cheques & thereafter showing the amount as dues

Dear all eminent lawyers,

Brief background : My CHS is in Andheri East, Mumbai

From January 20 till December 21 i,e  for 24 months, I sent many maintenance cheques to the society office bearers by registered post.They were not accepting and most of the envelopes were returned back.
 
If they were accepted the cheques were not presented. The society office bearers are showing that amount as dues and charging me interest on it.
 
So in a nutshell first they did not accept maintenance cheques and thereafter show that amount as dues in my account.
 
From Jan 22 I have started depositing the monthly maintenance amount directly in the bank account of the society . But till date I have not been given the receipts for the paymenst made.
 
I would be obliged if the forum tells me
 
1. What are my legal options? Do I approach the consumer court or the regular court ?
 
2. Or the cooperative court? If I have to approach the cooperative court under which section of Maharashtra cooperative societies act can I file a legal suit ?
 
3. Can I approach the High court for civil defamation.?
 
4. If I have to approach the registrar of cooperative society under which section of MCHS act should I proceed against the office bearers?
 
5. Any other relevant information would be appreciated.
 
Hope to see  a lot of responses and many thanks in advance for the same.
 
Regards
Veerendra Darakh 


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 October 2024

You have asked lot of questions but all are the same question with different language.

What is the background of this post?

If the society is still demanding after you having deposited the maintenance amount through society's bank account, then you can issue a legal notice to the society and demand the details as well as the receipt for the money received through their account.

You can consult a lawyer in the local and proceed legally

1 Like

P. Venu (Advocate)     14 October 2024

Yes, your first option is to issue the legal notice. Having deposited the dues in the Bank in the proper account, it is of no consequence that receipt is not issued.

1 Like

Dr. J C Vashista (Advocate )     15 October 2024

You have posted similar questions earlier also.

1 Like

P. Venu (Advocate)     15 October 2024

Yes, your postings suggest that you are having a running battle with the office bearers of the Society for the past two decades or more.

1 Like

Veerendra   16 October 2024

You have got it right. I am a practicing dentist & doctors are soft targets. I am facing harassment since 1992 by various means and on various fronts. 

Finally I moved the court in 2020. I filed a case u/s 91 of MCS act regarding overfilling .The case is sub-judice. I have to file a few more cases. I have to file a case of mental harassment & civil deformation. 

Now there are so many points of mental harassment that it will take 2 to 3 senior lawyers assisted by 1 or 2 junior lawyers only to do the drafting. Also help will be required from a chartered  accountant & a lawyer who specialises in CHS cases in Mumbai. 

I have one more query. Some lawyers have opined that I file mental harassment cases after an observation from the co.operative court judge that I was 

1 .Overbilled  2 .Receipts not given to me for payments made etc 

But the co.operative court case may take too much of time . Overbilling etc is crystal clear & obvious. 

So could I file a mental harassment case right away. 

Hope to see a lot of responses & many thanks in advance for the same . 

Also how do I search for lawyers who may wish to take up my case/s on this forum. Pls let me know. Those interested may pls DM me .

 Links :

https://drdarakh.com/first-do-not-accept-cheques-then-levy-penal-interest/

https://medicalmarketingtoday.info/harassment-by-neighbours/

https://medicalmarketingtoday.info/mr-x-smiled-mr-y-smiled/

https://drdarakh.com/commercial-charges-on-a-dentist/

https://drdarakh.com/let-us-extract-money-from-the-doctor/

https://drdarakh.com/the-sordid-saga-of-my-maintenance-cheques-in-sangli-bank-account/

My previous queries on this forum:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=218126&offset=1

https://www.lawyersclubindia.com/forum/details.asp?mod_id=222924&offset=1

https://www.lawyersclubindia.com/forum/how-to-file-a-demaation-mental-harassment-case-218126.asp

https://www.lawyersclubindia.com/forum/Commercial-charges-on-a-dental-clinic-207016.asp

https://www.lawyersclubindia.com/forum/is-the-law-of-limitation-applicable-in-my-case--225117.asp

https://www.lawyersclubindia.com/forum/are-mc-members-responsible-for-mistakes-of-office-bearers--205732.asp

https://www.lawyersclubindia.com/forum/society-taking-commercial-charges-but-paid-bmc-residential-196062.asp

 Regards, 

Veerendra Darakh 

 


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