Recovery of dues from cooperative housing society member

Querist : Anonymous (Querist) 01 October 2018 This query is : Resolved
One of our member has two flats in our society. He is paying maintenance charge for only one flat. Society filed a case against him and verdict came in favor of society in 2008. But, the managing committee did not follow up for the recovery of due that time. Society filed a case against him again in 2014. Can we approach the Registrar for Recovery under Section 101 of the M C S Act 1960 even though the case is pending in the court?. Please advise.

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Raj Kumar Makkad (Expert) 01 October 2018
Special law prevails over general law. It would have been better had you availed section 101 of the special Act. You may withdraw from civil court with permission to approach appropriate fora even now.

Dr J C Vashista (Expert) 02 October 2018
What is the case filed by the Society?
Why did the Society continue to provide facilities to the member for the second flat when he is not paying maintenance?
What stopped the Society to file recovery of dues qua maintenance through RCS?
What is the opinion and advise of the lawyer engaged by the Managing Committee of the Society? Have faith and seek guidance of the lawyer contesting the case(s).
Why do you need second opinion and obligation of experts on this platform (based on limited facts provided by you) except the fact it is available FREE OF COST?

Dr J C Vashista (Expert) 02 October 2018
Was there any compelling circumstance(s) to conceal your identity knowing the rule of this platform that anonymous person is not obliged?

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