Recovery of outstanding dues from apartment owners


We are an Apartment Owners Association situated in Mumbai. One of our member i.e. a Condominium Apartment Owner has been defaulting in his payment of monthly maintenance charges since a long time inspite of issuance of Legal Notice by the Association. The Maharashtra Apartment Ownership Act 1970 is quite ambiguous with regards to the law & procedure pertaining to Recovery of Outstanding Dues from Apartment Owners (Unlike MCS ACT 1960 – U/s 101). May I be apprised by the respected learned counsels on the following subject issues:

 

  1. What is the Legal remedy for Recovery of Outstanding dues from Apartment Owners and under what sections / laws ?
  2. Which is the competent authority having the jurisdiction to adjudicate upon the said issue?
  3. How much Court fees is required to be paid? (Tentative)
  4. What is the procedure, in sequence, for initiating action against the Apartment Owner?
  5. Any further valued opinion / guidance pertaining to the said issue is very much appreciated.

 

Awaiting the precious inputs of all the esteemed lawyers.

Warm Regards.

 

 

 
Reply   
 
Advocate

Sir, 

 

Simple recovery suit will be filed in the Civil Court .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 
Reply   
 



You need to look into the act for a remedy first,just send the copy of legal notice to me at nitish@lexspeak.in for a detailed legal opinion
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu