Co-operative housing society under mcs act 1960
Milind Dhume
(Querist) 22 May 2015
This query is : Resolved
Can a Co-operative Housing Society registered under the Maharashtra Co-operative Society's Act 1960, recover arrears of outgoings towards the flat from a member beyond a period of 3 years?
malipeddi jaggarao
(Expert) 23 May 2015
Give full details. What action the Society has taken all this time and reasons for such delay are to be seen.
Isaac Gabriel
(Expert) 24 May 2015
Question of limitation not arise, since the allottees are duty bound to to remit the dues promptly.
MAMTA
(Expert) 24 May 2015
Society has right to recover arrears of outgoings towards flat from a member. Limitation does not apply in this case.
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
It is the due amount to be paid by the members who failed to pay, hence no limitation will apply to recover the same from them.
Hemant Agarwal
(Expert) 19 July 2015
1. Typically, recovery of "outstanding dues of Society" is possible u/s 101 of the MCS Act. BUT this is restricted and limited to dues of maximum three years prior to date of filing such application u/s 101. A disputed due cannot be adjudicated u/s 101 of the MCS Act.
Note: Technically, a amount becomes "disputed" if the Society has failed to initiate recovery proceedings within three years, more so IF the "outstanding dues" are periodically reflected in the Auditors yearly Report & Remarks u/s 81 of the MCS Act.
2. HOWEVER, the ward-Registrar of Coop. must duly scrutinize the said Application and IF he finds that the disputed claim is of more than Three years, THEN he is bound by section 92, to refer the matter to the Coop. court, via a speaking order, citing lack of his jurisdiction.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
