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Property tax payment made to the society!

(Querist) 04 October 2013 This query is : Resolved 
In year 2007 I had made a payment to our Society towards Property Tax, since our builder was not paying the same and it got accummulated so much that we all the owners were threatened that our house would get auctioned otherwise. The Society agreed to pay back all the member's their contribution with interest, once the Builder returns the same.

Subsequently, I sold out the flat. In the sale deed with the new buyer, we had mentioned clearly that once the money is returned by the Society it would be given back to us since we were the original owners and we had paid the money.

In year 2012 the Builder paid off the money to the Society but the society did not give us our money and neither the present owners to whom we have sold our flat.

We have written to the Sub-Registrar of Societies but in vain.

Kindly let us know what is the way out? If we do not get the support from the Registrar how do we proceed?

Please help. Thanks, Rama
ajay sethi (Expert) 04 October 2013
issue legal notice to society . file recovery suit
ajay sethi (Expert) 04 October 2013
has society refunded payments made to other members of society ?
Rama (Querist) 04 October 2013
Yes! They have paid it to members who are still staying there who are the original owners.

They are just trying to avoid paying to all the members who have sold out the flats.

They have also paid it to one member who is a new purchaser. They say that his agreement is different.

We do not understand how an agreement between a seller and a new purchaser is related to this issue?
ajay sethi (Expert) 04 October 2013
how much is the amount . ? issue legal notice to society .
Rama (Querist) 04 October 2013
As on date the amount would be approx 80K with interest.

What about the Sub-registrar of societies. Would they not give justice?
ajay sethi (Expert) 04 October 2013
you are no longer member of the society . you have sold your flat . issue legal notice . society may pay . you will have to move cooperative court
Rajendra K Goyal (Expert) 04 October 2013
Issue legal notice. Contact local lawyer.
R.K Nanda (Expert) 04 October 2013
nothing to add more.
Sudhir Kumar, Advocate (Expert) 05 October 2013
prima facie appears to be criminal case of breach of trust on the part of buyer.

Meet local advocate and examine feasibility of sending notice to him and the soceity.
Sudhir Kumar, Advocate (Expert) 05 October 2013
repeated http://www.lawyersclubindia.com/experts/Property-Tax-payment-made-to-the-Society--354096.asp
Raj Kumar Makkad (Expert) 06 October 2013
No reply against the repeated query.


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