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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

 2 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

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.


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