Cooperative housing society law
arunkumark
(Querist) 18 April 2013
This query is : Resolved
A defaulter member of society has been denied certain documents like minutes of the agm meeting/audit report etc by society body. the member has given letter to the hsg society registrar saying that society is refusing to give so and so document.A official from chs registrar is calling the comitte members on their cellphone and threatining to take action against them.What is the action registrar can take if managing committe refuse to give copies reason being the said member is not paying the maintenence for last seven years. The notice under 101 has already been issued by the society which the said member refused and returned back to the society.Only to avoid recovery under 101 the member is trying to harras the man.committe.HE has not given any application to the society asking for the said documents.what is further line of action from the registrar if we do not respond to their phone calls.If the said member can approach the coperative court?what punishment the registrar can impose civil/criminal nature. please advise.
Vidhi Joshi
(Expert) 18 April 2013
default for 7 years is too long..
1) Send a Legal Notice to the defaulter thru lawyer, demanding dues along with interest.
2) Pass a resolution in General Meeting for moving to Registrar against the defaulter.
3) Move to Registrar u/s 101.
ajay sethi
(Expert) 18 April 2013
under section 101 you can recover dues of only 3 years
Raj Kumar Makkad
(Expert) 19 April 2013
Law of limitation do not permit you to recover beyond the period of 36 months from the day of filing the suit.
