Section 70 contract act

Aditya Dev (Querist) 21 July 2017 This query is : Resolved
i am a resident of West Delhi who lives in a society registered under Societies Registration Act. I have lived here since the inception of this society in 1998. Now the society office has filed a recovery of money suit against me under section 70 of the Contract Act demanding annual maintenance subscription from 1998 till present. In the plaint they have mentioned that it was decided in some meeting of which i was not a part of that annual maintenance shall be paid by the 1st week of April every year. Also in the plaint they say that the said amount is always shown in the account statement of the society.

Section 70 of Contract act : Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.

My Question is -

1 - Can he proceed against me after delay of 19 years just on the basis on account statements?

2- Will be section 70 relevant here for the said amount?? It is to noted here that i never gave consent to such annual subscription

3 - Also can i say that you can remove my name off the subscription list but you cannot force me to pay the maintenance charges which you have demanded as you never sought my permission??

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Rajendra K Goyal (Expert) 22 July 2017
Full case file need to be referred.

The demand seem to be time barred.

P. Venu (Expert) 22 July 2017
It appears that you have not stated the complete facts; the issues appears to be more complex than you have chosen to reveal.