Dear all eminent lawyers,
I wish to know whether a co-operative housing society can file a recovery case u/s 101 of MCS act for a matter that has been going on for 18 years.
It is not possible to place all the details here as it is very complicated. Here are the brief details
- Society has been charging me excess maintenance bills in the name of commercial charges.They also do not give me a receipt for the payments already made by me directly into the society bank account. Instead they show amount as dues in my bills and in the society balance sheet show that amount in SUSPENSE ACCOUNT.
- I tried to talk to office bearers many times and ask them to remove the inflated charges and give me the reciept for the payemnts made by me .They do not respond.
- In 2007 they sent me a recovery notice u/s 101 of MCS act . I reponded through my lawyer. The office bearers realize that all evidences are against them and do not proceed further , but they do not remove the excess charges.
- They do not do anything for 12 years.
- Now again in August this year the new secretary sends me a recovery notice u/s 101 of MCS act. I give them 2 replies through my lawyer. We place all evidences in front of them. I through my lawyer offer to pay all genuine charges provided that
- Inflated charges are removed
- I am given a receipt for the payments already made by me.
Still the office bearers are not responding.,
Now in this case since the matter is much more than 3 years old can the society proceed for recovery u/s 101 of MCS act. I have read on the net that recovery u/s 101 is only for cases for less than 3 years..
Besides the society had already sent me a notice u/s 101 12 years ago and did not do anything about it. Now can they again proceed via section 101.
Hope to see a lot of responses and many thanks in advance for the same.
Regards,
Veerendra Darakh
