Dear all eminent lawyers,
Here is my case in brief.
* I am a practicing dentist since the last 32 years and practicing from one and half years before the society has been formed.
* Society has levied commercial charges on me and increased it arbitrarily.
* Society has levied fines on me in 1997. They have not yet revoked it.
* Society has not given me receipts of the payments made for 2 ½ years from 1999 to 2002 & is showing that amount as dues in my bills.
* Now when I tried to sort out matters with the secretary he physically assaulted me threw me out of the house in August 2002.
* So I had no way to sort out the matters as all lines of communication were closed.
* The society office bearers were not accepting my cheques and showed me as a defaulter in the societies books of accounts.
* Then all of a sudden society sent me a recovery notice u/s 101 in 2007. We replied to the notice properly, systematically and point-by-point.
* Society then went into a deep freeze and did not do anything for 12 long years.
* In 2019 they again sent me a recovery notice. I again replied to the notice properly, systematically and point-by-point.
* Society till date has not initiated recovery proceedings u/s101.
* I have filed a case for overbilling in the co-operative court in December 2019.
* Now my basic query is whether the law of limitation is applicable in my case.
* Can the society (Which is overbilling me on various fronts) demand maintenance dues of more than 6 years ago?
* Hope to see many responses from all learned lawyers and many thanks in advance for the same.
Regards,
Dr. Veerendra Darakh