Notice for recovery of society dues
Aditi
(Querist) 16 December 2018
This query is : Resolved
Appointed auditor has given us notice for recovery of pending dues of 2 years within 15 days. My brother and I are jobless and we don't have enough funds to pay society dues as our mother age 69 is ill. Society is well aware about this condition. Whatever limited funds are there we are using for her medication and to survive on daily basis. In the notice it is mentioned that if we don't pay the said amount in 15 days then appointed auditor will apply to registrar under act 1960 sec 101. Ten days have completed. Can the society dues be write off as we are unable to pay? And what action will be taken after 15 days? What should I do to stop this action? Please help
Sudhir Kumar, Advocate
(Expert) 16 December 2018
Can the society dues be write off as we are unable to pay?
IT MAY BE MERCY OF THE GENERAL BODY THAT TOO IF PERMITTED AS PER SOCIETY CONSTITUTIONS.
BUT ONE SHOULD NOT EXPECT OF GETTING SUCH BENEVOLENCE FROM GENERAL BODY BECAUSE :-
(i) if this mercy is shown to you then other members have to share your dues and you continue to be owner of a costly apartment.
(ii) if this precedent is created then in next meeting there will be a flood of such applicants seeking exemption and only a few will be left to bear financial burden.
(iii) Other members are bound to react cruelly by commenting as to what favour you are doing to them by remaining unemployed (or similar words). Some members will go to the extent of saying that when you cannot afford the m,membership of a posh society then why not to sell the house and move out.
Sudhir Kumar, Advocate
(Expert) 16 December 2018
And what action will be taken after 15 days?
BETTER CHECK SOCIETY CONSTITUTION.
generally such persons a liable to lose membership and can be asked to vacate the house. In such case suddenly funds will come to you for paying dues
Kumar Doab
(Expert) 17 December 2018
Hope you have gone thru Chapter on; XIV.WRITING OFF OF OUTSTANDING FOUND IRRECOVERABLE
And details of process of recovery….and latest amendments if any in the Model Bye laws/rules, Act in your state..
Who was member of society say; your father or mother?
Whether member is alive or deceased?
Has nominee or legal hiers become meber of society?
What is narrated by society to recover; some legitimate charges or penalties etc ?
Apparently your family member was member of society that is why proceddings u/s 101 of MCS Act are contemplated………………..and IT is not a case of a Non member……and apparently society is aware of the legitimacy of charges to be recovered…….and nothing is in excess!
Apparently you have not properly represented to General Body of the society to write off or have not been able to convince or the body has not decided/not sanctioned to write off the dues..
You could have endeavored to convince on facts so that the society body could decide on explained/established facts ; the irrecoverable charges relating with appropriate balance in bad debt funds etc and other bodies e.g; Financing Body and then registering authority could approve to waive off the charges..
Probably society has declared you defaulter for non payment and is intiating to rcover dues and said communiqués is issued after discussing/passing resolution in MC meeting and is warning letter/notice before submitting application to Dy.Registrar to recover dues with interest.
Dy.Registrar hears both parties before passing recovery certificate.
The movable assets/property may be attached and may beb auctioned.
As per latest provisions in laws/rules applicable to type of society in your state the house/flat may be attached/auctioned off.
Kumar Doab
(Expert) 17 December 2018
In the meantime you may go thru; Model Bye Laws; 139, 148, 149, 150
And Rules framed in your state..e.g; Rules 72,
MCS Act ; 91, 95
etc etc
You may try to seek help from e.g; Minister in-charge of the Department of Social Justice, CM ……for your compelling circumstances, NGO’s, Helpgroups, Donors that help families in distress….etc etc
If you are unable to pay/convince/compromise etc and handle the matter on your own then approach a very able counsel specializing in such matters.
Kumar Doab
(Expert) 17 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Society/Consumer/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Dy/Registrar, Co-Op Courts / Consumer /Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Society/ Consumer /Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
LCI Experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta advices on such matters and may be at your location.
If you wish you may get in touch with them.
Mr. Hemant Agarwal also maintains a well nourished blog.
Sudhir Kumar, Advocate
(Expert) 18 December 2018
Not understood how the following persons can be helpful
Seasoned PIPs, help groups, NGOs, experienced colleagues, association, religious scholars/leaders, influential persons, Employees Trade Union leaders, help group for spouse…………..
would they be able to prevail upon the society to drop their dues or they will convince resigtrat against taking action.
How donors and help groups will help him. Are these bodies sitting to pay fo the dues of someone so that he continues living in posh house. Would they not use same resources fro those in slum who do not have even a bathing place.
Dr J C Vashista
(Expert) 18 December 2018
You have no escape or alternative but to pay society dues.
It would be better to borrow and clear the dues which shall keep on accumulating and adding with penal charges.
