Sandhu 10 March 2020

Coop society disputes

i did got No Dues Certificate from Cooperative Hosuing Society in 2009, but in 2014 i did got notice that amount of INR150000 is pending as interest for delayed payemts, annexture attached alongwith letter. i got reminder notice after 4 months, after that no notice issued. only list of defaulters were pasted on notice board of the society. now in 2019 when i asked for sub Convenyence deed they asked to pay dues along with interest till the day of payment.

my questions are:

1. can they ask for dues after so much of delay(although they pasted on notice boards but never gave or issued notice).

2. they never mentioned time limit on notice to make payment.

3. the pending amount asked is interest they acknowledge they received land and construction cost, can they charge interest on interst.

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2 Replies

Adv. Umesh Arora (SCI) 10 March 2020

Hi! You should have asked the society in 2014 itself that what dues are they talking about. This is one fault on your part. Also, did you ask for the No Dues Certificate again after you coukd not get it in 2009? If not, again it shows condonation on your part. Now they can ask for the dues and if the dues were just the interest, then they can charge interest on interest! You should have issued notice to get the NDC. You shoukd also have taken step against the pasting of pictures. You can gain advantage on the point that no deadline for payment was mentioned in their notice, but before that the main question still is - Why did you not take the necessary actions and do you actually owe any money to them? That will have to be proved. The terms and conditions between you and society will also play an imp role.

Sandhu 10 March 2020

1. I was under impression that NDC issues cannot be refused.

2. i already have NDC since 2009.

3. my Principal amount is paid and they acknowledge. its just delay in giving payments.

4. they are rigid in terms that are not ready to settle it, they want complete payments till date.

5. to my understanding since they have not issued any final date for payment on notices issued in 2014, their claim of interst on interest stands invalid.