Defaulted in repair fund, but never defaulted in maintaieance charges ?
Tipsy
(Querist) 17 October 2011
This query is : Resolved
Society has taken major repair work of the bldg and have completed to the satisfaction of all member , but still one member does not pay Rs 50000, what should be done
Since society is having fund , they are going to break fixed deposit and return all money to other members except one defaulter member, is this right thing we are doing
Raj Kumar Makkad
(Expert) 17 October 2011
Society can recover due amount from the defaulting member by way of recovery suit and if FDR also includes the share of that member then dues should be adjusted thereto and demand for rest of the amount should be raised and in case of surplus, it should be disbursed to him also.
ajay sethi
(Expert) 17 October 2011
wehn society has taken major repairs what was the resolution passed in AGM?
if member does not pay rs 50,000 society can adopt recovery proceedings against him
if society is having repair fund why was contribution recovered from members?
what is amount society returning to all members?
please explain the facts of your case clearly .
Tipsy
(Querist) 18 October 2011
1.When society has taken major repairs what was the resolution passed in AGM?
A Resolution was passed to that effect, that Society is allowed to incur the expenses from the fund available and if required to collect additional fund from the members on Sq ft basis Carpet Area in Four Equal Quarterly installments of Rs 50000/- for the said repair and renovation if member does not pay the required amount, society can adopt recovery proceedings against him
2 if society is having repair fund why was contribution recovered from members?
Society got sinking fund for renovation very late
3 What is amount society returning to all members?
Rs. 50,000
Question is whether to Society can recover due amount from the defaulting member by way
of recovery suit (101) or break FDR which includes the share of that member then dues
should be adjusted thereto and demand for rest of the amount should be raised
ajay sethi
(Expert) 18 October 2011
in other words the entire repair amount can be recovered from society fixed deposits .
if that is so then you dont need members contribution . hence you are refunding all members who have paid rs 50,000.
if you are refunding all members where is question of recovering from defaulter?
break fd including member share adjust it then demand balance
Tipsy
(Querist) 18 October 2011
The members of the managing committee have continuously worked hard to recover the dues and continue the smooth function of society in spite of few members being consistent willful defaulters for many years . The managing committee members and others have had several meetings with the concerned non paying members to recover the dues from persistent willful defaulter, but were unscuccesfful. However willful defaulter have proved their bonafideness by Making part payment of Rs 50000/- therefore i request that the house should take balance and sensible decision. EGM majority cannot do injustice to minority. The supremacy of EGM cannot take unjustified decisions, because it amount is returned than It will increase maintaineane charge and which will bring new defaulter in the list..
Is there any bye laws where Housing Society can refund fund and adjust outstanding amount of a member .
Now society can recover due amount from members in following ways
1. If Society recovers due amount from the defaulting member by way of recovery suit
2. By Breaking FDR and returning the share of that member after adjusting dues
ajay sethi
(Expert) 18 October 2011
EGM is supreme . the decision taken by AGM/ EGM was after consideration of various factors .
it is upto members to decide how they want to do repairs in society . the decision taken is reasonable . period .
Tipsy
(Querist) 18 October 2011
Thanks for quick reply ,Still EGM is not held but would like to ask you sir, whcih decision is better for society to recover due amount from members Sr1 or Sr 2 or any alternate method
1.If Society recovers due amount from the defaulting member by way of recovery suit
2.By Breaking FDR and returning the share of that member after adjusting dues
