Cooperative housing societies law

Satish Talnikar (Querist) 25 November 2011 This query is : Resolved
Dear Sir,
I had sent a query on the above subject about two months back, however, I have not received any response so far. The query was regarding: One of the members of the society has not been paying the dues since last three years. Regular bills have been issued and two notices have been given. He has been all the time pleading his financial inability. The member is working in PSU and owns a car and a two wheeler. He also owns a commercial gala in the building (for which also he has defaulted the dues). Does the bye-laws of the Cooperative Societies Act provide any bar on proceeding against the member under section 101 for recovery when he pleads his financial inability?
Kindly advise.
Thanks!

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Shonee Kapoor (Expert) 25 November 2011
I don't think so.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 25 November 2011
no bar . a member is required to pay maintenace . if he fails to pay issue legal notice to member. get resolution passed in managing committee for taking legal proceedings against said member .

Raj Kumar Makkad (Expert) 25 November 2011
A society is fully empowered to recover its dues as a common man do by way of legal proceedings and no immunity is available to any member on the ground of the pleading of such person.

Rajeev Kumar (Expert) 25 November 2011
I agree with sethi and Makkad

Devajyoti Barman (Expert) 26 November 2011
Yes I too.

AMAR RANU (Expert) 26 November 2011
First invoke section 101 of MCS Act,1960 and recover the society outstandings and you have further liberty to invoke section 35 of the same Act for his immediate expulsion from the society as persistent defaulter can be expelled from the society.