Time limit bar to recover dues
Sanjay
(Querist) 31 March 2015
This query is : Resolved
Sir
MC committee took affidavit (for rs.60,000/- to pay to society in 2003 - EMI to society rs.1125/month ) from all members excuding one member to raise major repair fund.
Committee mortgage bldg for rs.9 lac (actual work doneof rs.3 lacs) & bank given loan to committee in 2003.
There was misappropriation of repair fund & contractor too left the hald the work.
The mc committee did not at all excecute M-20 bond & seems to be vacated position but still bank granted loan to them.
We 6 members did not pay single paisa till now.
In 2005 secretary filed a case under 101 to recover pending instalment dues but lost case in 2007-8 due to non filing of m-20 bond & judge remarked that there was misappropriation of funds. Society never apeal the same in any court.
Since 2007-8 there is no communication nor raised any bill from committee to member regarding any dues pending.
Now new committee formed 3 months back.
Bank did not gave loan to individual but to committee/society. there is no communication from bank to members since 2003.
pls tell me whether committee can demand dues or take any action or can again file case ?
Can this be come under TIME BAR LIMIT & any other remedy in favour of members.
Thanks
Dr J C Vashista
(Expert) 01 April 2015
Show all relevant documents to a local lawyer and proceed as advised/guided by him after analyzing the situation.
Rajendra K Goyal
(Expert) 01 April 2015
Depends on the previous case decision etc. Consult local lawyer and show him all the papers.
ajay sethi
(Expert) 01 April 2015
claim of bank would be barred by limitation if no steps taken for recovery of dues for 12 years
Sanjay
(Querist) 01 April 2015
sir bank is sending notices to society but society does not have all required document which we had demanded in court & they lost case in 2007-8. I m talking about time bar limit if society claims again or files or apeals case in higher court.
Since 2007-8 society is not billing us nor communicating for bank loan.
the committee was defaulter for m20 bond thats the one more reaso they lost case. so 2008 to 2015 is 7 years no communication but I heard 3 years is enough between society & member due.
Guest
(Expert) 01 April 2015
Mr. Sanjay,
Limitation takes effect only if the case would not have been perued any time within the specified limit of period.
Secondly, condonation of delay cannot be overruled, depending on mertis of the case when justified appropriately by the bank.
So, any appropriate advice in your case depends on examination of the case on its entirety by any expert.
malipeddi jaggarao
(Expert) 01 April 2015
Who has executed the documents for securing the loan from the Bank? Obviously must be the MC members. In such case, the Bank need not communicate with all the members of the society. The MC members might have given periodical renewals to the documents and hence your assumption that the debt is barred by limitation might not be true. Even if the committee is changed, the debt does exist and the new committee members should execute the renewal documents with the bank, if they refuse, the limitation starts from the last renewal/repayment by the then committee members.
Sanjay
(Querist) 01 April 2015
Thanks for reply.
Sir I am saying I have nothing to do with time limitation between Society & bank.
My concern is time limitation between society & members.
Society did not communicate or demand any pending dues from members for any payment due (nor raised any bill) since 2008 cause they lost case (case between society & members for 101 recovery).
As the MC committee were defaulter for m20 bond & seems to be vacated their post still bank sanction loan to society.
Can member take advantage of time limitation between soc. & members ? Members need this advise cause there was total misapplication/fraud by that committee. In 101 recovery case members asked for documents/bills, etc from society but due to misappropriation of funds society is unable to produce any details, actually they don't have it & asking for complete share of rs.60,000/-(each member) without giving repair work expenditure & unable to justify the usage/utilization of rs.60k.
malipeddi jaggarao
(Expert) 02 April 2015
It is not debt that exists between society and members hence law of limitation is not applicable for such demands/overdues.
