My father is senior-citizen who bought a gala in one commercial plaza in Navi Mumbai (Maharashtra). My father bought the gala from Builder(Developer) in November of 2011. The co-operative society was formed and registered under MCS Act,1960 in May of 2014. Builder/Developer has not yet obtained Occupancy Certificate (OC) and Completion Certificate (CC). But while forming a co-operative society in 2014, the builder-promoter had submitted accounts to the newly formed Co-operative Society. However, in March 2016 the Co-operative Society sent my father a letter demanding dues from June 2012 till date. My father objected to the contents of the letter. Finally, my father paid the Co-operative Society outstanding dues starting from May 2014 to March 2016 along with a letter stating that the Co-operative Society has no legal authority to demand dues prior to registration of the society and any prior dues is a matter between my father and the builder(Developer). Builder(Developer) has never sent any society maintenance bill to my father. We had paid some amount to the builder-promoter during sale procedure for society formation charges.
The society acknowledged the letter given by my father and enchased the cheque issued by my father. But later on we realized that society has adjusted all prior dues of builder against the said payment, and now the co-operative society is demanding dues even for the months for which we have paid.
Managing Committee of Co-operative Society is now threatening us with action to be taken under Section 101 of MCS Act, if outstanding amount of around Rs. 1.75 Lacs is not paid within three months.
Looking forward to expert advice as to what can be done as Committee members of Co operative Society are unwilling to listen.
Which forum should the complaint be lodged for resolving this dispute ?
Regards,
V S
