LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   13 July 2021 at 18:25

Time limit for demandings arrears in housing society

Hello,

Is there any time limit for demanding arrears from Members in a Cooperative Housing Society in Pune, Maharashtra?

Any time limit for taking action under section 101 of Maharashtra Cooperative Societies act.

The Managing Committee has made out arrears dating 20 years back on Members when all these accounts were audited and no arrears were made out at that time.
These Members have been regularly paying maintenance.
Can they be barred from voting or contesting in the Hosing Society Elections on this basis.

Anonymous   13 July 2021 at 18:19

Time limit for re auditing in cooperative housing society

Hello,

Is there any time limits beyond which the accounts of a Housing Society cannot be re audited by the Deputy Registrar?

Certain financial irregularities committed by the Managing Committee in a Cooperative Housing Society in Pune, Maharashtra in the year 2009 - 10 have come to light now in 2021.
The managing committee has also manipulated accounts and written back arrears on Members going back till the year 2000 when all these had been audited at that time and the matter resolved amicably.
Can those accounts be re audited by order of Deputy Registrar. And what is the procedure for the same.

Also, is there any time limitation bar on till when the arrears can be recovered from Members of the society?

Tony

Anonymous   13 July 2021 at 17:41

Sharing of expenses on common repairs and services i

Dear Experts,

We have Three A B & C housing societies having One main entry and 2 Gardens. A has Flats 54 & 16 shops ( total 70 units), B has 30 flats and C has 42 flats.

Issues is being faced when comes to share common expenses incurred on main gate security / repairs clean of drains of main road connecting all three.

Society "A" having 70 units but only share for flats (54) not shops towards common expenses. With reason they say shops are out side of the main gate.

where as they ( shops occupants) come for using washroom and getting their electric meter work as meters are in side of society "A" and other their society related work / participating in get together arranged by society 'A'

Experts are requested to help providing way out to make society "A" to share expenses including shops as they collected maintenance from shops owners as well.

currently expenses are shared in following manner

A +B+C = 126 say for example total expenses per month is 50000 / 126 = 396.83 x number of flats society has

PRAMOD KUMAR   12 July 2021 at 19:46

Refund of marriage hall rent

Dear Experts,
Facts of the case are as under:
Booked a Bhawan in December for 3 days for the reception of my son's marriage fixed for 24th April.
Paid three days rent in Advance and I was told that this is non refundable.
Unfortunately, Karnataka Govt. announced weekend lockdown and 24th and 25th happened on Saturday and Sunday.
Our plan was to hold RECEPTION there but the Govt. guidelines said that only marriage is allowed and that too with max 50 people.
Hence we did not utilise the Bhawan and instead on 23rd April citing the above, requested the Bhawan to refund the money as we were at no fault and because of the Govt guidelines we could not hold Reception and hence did not utilse it.
But Bhawan is asking us to take 6 months time and during that time any 3 days they will allot to us.
But my problem is that I don't have any function in the next 2-3 years and hence may not be able to utilise.
They are refusing to Return money citing their bye laws that no REFUND will be granted under any circumstances.
What should be my next course of action?
Amount involved is around 3 lakhs.
Will really be grateful for any responses from the learned experts.
Jurisdiction is Bangalore.Karnataka.

Alfesaani.   12 July 2021 at 15:18

Inheritance law and limitation period

Hello. I had a question regarding inheritance and limitation period. My grandmother's father died many years ago and her brothers did not give her her share of the inherited property. Can my grandmother file a suit to acquire her share of the property even after all these years?

Member (Account Deleted)   12 July 2021 at 11:41

Money recovery

hi,
I am software professional and i have a friend named Nimesh Jaiswal , who lost in job and using this as his excuse asked me for money.
He mentioned he needed 5 lakhs for repaying amount for his flat otherwise he will loose it and it is final payment.
As he did promise to return in one month, i transfered the money.
I have all the chat proofs and the transaction proof, with his account number.
now when i asked him to return , he doesnt confirm and he keeps abusing me verbally by passing derogatory comments on me and family. he also went to an extent of assuming my caste based on my skin color, and he has been passing racist comments and body shaming me.
He was not holding a job, however, now he himself declares he has two job offers and is already working , however denies to pay back my money.
Please advice what cases can i lodge against him for money recovery and for harrassing me verbally.
I have the whatsapp chats.
I got his brother email id from linked in - nishant jaiswal and he too denies to reply.

PRAMOD KUMAR   11 July 2021 at 21:23

Societies act of karnataka

Dear Experts,
I have a query. We are having a RWA registered under the Karnataka Societies Act.
There are 6 Blocks and we have 15 members in the Managing Committee (MC) - 2 from each block, a president, a secretary and a treasurer.
Now the President and secretary both have resigned.
What is the best way out to resolve the crisis.
Whether the MC stands dissolved?
Whether New elections are required?
Whether new elections can be declared by the ad-hoc committee of the remaining 13 members.
Whether EOGM is required and then elections are held by their approval in the meeting.
Whether both the posts can be filled without EOGM by co-opting these two.
Matter is a bit URGENT. Request your valuable views.

GOVINDASAMY SHANMUGAM Ravichan   10 July 2021 at 13:37

Writ petition

Respected sir
We are running a kalyana mandapam plan properly approved by town panchayat since 2004. Parking was not mandatory that tie
But a person has filed WP _MD(public interest litigation ).due to vengeance.It is panchayat road with residential area with hotel and another kalyana mandapam on one side and temple compound wall on other side. He has submitted two year old photo of pandal that was constructed by the person who conducted marriage in our mandapam.He then demanded for huge amount of money to withdraw the case.please advise how to proceed with the case.
He has sent notice to municipality. Collectrate. Home secretary DTCP also

MAHENDRA   10 July 2021 at 11:40

Complaint on cheating advocate

Sir🙏 I really didn't want to embarass the advocates nor it's my intention But I have some doubts, Kindly help me to get clarify my doubts

Sir in any case we have full evidence but if the case is lost can we complain on the advocate who argued the case? Or what kind of compliant can we make on such an advocate if our advocate takes money from the opponent party and deliberately loses our case?

jagadish paranjape   09 July 2021 at 10:54

Jurisdiction of armed forces tribunals in service matters

For speedy disposal of cases related to members of Armed Forces,special Tribunals were created.There are large number of ex.defence personnel, who avail benefits of defence canteens and ECHS service etc.Those services are not even remotely connected with service conditions of defence personnel.If any deficiency or discrimination is found in conduct of those services can concerned aggrieved person approach Consumer courts, Civil courts,High courts or compulsorily Armed Forces Tribunals are to be approached.The employees of defence canteens are civilians.In short scope and ambit of service matters for the purpose of Armed Forces Tribunals.
Warm Regards.