Mcd act 101 recovery process

arunkumark (Querist) 17 December 2014 This query is : Resolved
A complaint is filed with asst registrar under 101 mcs act for recovery of society mentainance .for recovery since 2006 the resolution was passed in the agm on 13.8.13 to recover the dues with 21 % interest and other legal expenses from the defaulter members.
the asst registrar has passed the order saying that the resolution is passed on 13.8.13 so u can recover dues pending after this date with interest.The dues pending prior to this date can not be charged 21% interest. The resolution can not have retrospective effect.My querry is whether we can go for revision of this decision on the ground that first default has created hence we have passed resoution for recovery of old dues.
please advise so that we can recover the dues with interest. otherwise the mcs act to recover dues has no meaning.

Follow Query

Report Abuse

ajay sethi (Expert) 17 December 2014
asst registrar is correct . you cannot charge interest at 21%unless such resolution has been passed . it cannot have retrospective effect

V R SHROFF (Expert) 17 December 2014
What interest ws charged in 2012 to those delayed their Mtn Payment??

Usual bye laws permit 21% int
Any decision of AGM to charge INT from 2006 cannot be reversed by Registrar.
ACT OF REGISTRAR IS ULTRA-VIRES.

Only Co-op Court have Jurisdiction of any Resolution passed by any AGM

APPEAL IT