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Kishor (Consultant)     22 February 2014

Non payment of maintenance

Hello,

We stay in a regd. co operative society. We are unable to collect maintenance charges from a "Shop Owner".

How can we proceed in this matter. He gave a cheque for 1lakh and mentioned to deposit only after he informs us. That was 3 months gone. He owes the society 7-8 lacs i.e he has never paid for last 6 years.

Please guide us.

 

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     23 February 2014

Was the MC sleeping for 6 years and providing services.

Issue notice for recovery of maintenance amount, (limitation is 3 years), Engage a local lawyer

Kishor (Consultant)     24 February 2014

Sir,

I agree. Thanks for your response.

garcia (india)     24 February 2014

There are few members of society (CHS) do not bother to give the maintenance charged. What legal action can be taken against them? We can not stop them using water, or other amenities since it sounds illegal (but I am not sure). Can we send complaint to commissioner?

One of the member also challenge that he will never pay.

 

Kishor (Consultant)     24 February 2014

I am collecting more info pertaining to Maharastra Co operative act :

a) Registrar can be informed after confirming the non-payment in writing with the member..

b) Registrar will come down & seal the apartment. I have seen this happening in Chembur at my parents building.

c) You can also cancel the membership of that apartment.

I am awaiting, if the same is applicable to shops.

T. Kalaiselvan, Advocate (Advocate)     24 February 2014

You can consult a lawyer and proceed as per his advise.

ROJUKURTHI SUDHAKAR RAO (MANAGER -MIDDLE MANAGEMENT )     26 February 2014

Hello!  Kishor  &  Garcia , 


                                                    I opine your internal functioning in your  CHS  

Office might be found weak on the following aspects .  


      A.  Every Sunday  you  have to  open and sit in the CHS OFFICE  on the

Terrace for collections .

      B.  The Management Committee of  the  CHS  should attend  the Office every Sunday  to monitor welfare  features of the CHS  including calling the  Owners who are trouble shooting elements to appear before the Committee for a Discussion to sort out and reduce delays  besides inviting  non-owner-members or members  not on the Office bearer  list  like any  Advocate  / CA  / Doctor residing in the CHS  / nearby CHS  socially  to grace the  occasion .

    C.  The General Body Meeting should dwell on and pass amicable and / or  punitive resolutions for implementation after substantial  discussion & deliberation  with  everybody's participation to address the matter on hand in a democratic manner to dilute an errant's   non-cooperative personality  & self-willed stance , which  I am sure will bring about a great deal of change in the errant's mentality .   



sd/- Dr.Rojukurthi Sudhakar Rao , 

          26-2-2014 .


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