Civil Procedure Code (CPC)

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Maharashtra coop housing society - dues recovery

(Querist) 01 September 2016 This query is : Resolved 
Society wants to claim maintenance dues before its formation date. Chairman and secretary have claimed that certain amount was owed to builder and since society has been formed, this amount is now owed to them. They have been showing it as "maintenance not paid" though monthly maintenance is being paid without fail ever since society was formed.

Can they claim it? What action can be taken against them?
Ms.Usha Kapoor (Expert) 02 September 2016
Dear Client,

If you feel that you are being collected excess dues by the society prior to its formation agitate for your rights in cooperative court by filing a complaint.
P. Venu (Expert) 02 September 2016
Please try to get the matter discussed in the General Body meeting.
Jack (Querist) 02 September 2016
I still dont have answer to whether CHS has any right make claims on amounts if any prior to its existence
Kumar Doab (Expert) 07 September 2016
Generically speaking;No

Rest prefer to discuss with a very able counsel and show all docs and facts on record.
Jack (Querist) 14 September 2016
Thank you all!
Rajendra K Goyal (Expert) 28 September 2016
Discuss with local lawyer.
Hemant Agarwal (Expert) 30 September 2016
1. The Society is a "nobody" AND without any legal jurisdiction to claim ANY amount prior to its date of registration.

2. ANY due prior to Society's registration date, is as good as flushed down the sewage drain, since the old dues are non-recoverable under the proceedings u/s 101 of the MCS Act.

Keep Smiling .... Hemant Agarwal
Rajendra K Goyal (Expert) 01 October 2016
In the given sketchy facts agree with expert Hemant Agarwal

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