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Alok Choudhary (Business Manager)     05 September 2010

Flat owners is not traceable, how to recover society dues ?

One Flat owner is not traceable for a long time and flat is locked. How could society recover the dues  from him ?



Learning

 7 Replies

MRKGANDHI (Advocate)     09 October 2010

Hope this is not co-operative society. If the rules of society provide for a specific procedure follow the procedure after giving due notice, approach a court of law for recovery of its due. Once decreee is obtained, by sale of property the dues can be recovered.

1 Like

Bharatkumar (ADVOCATE )     11 October 2010

First Society chairman contect the original owner and thenafter the owner not agree to pay maintance amount of the Society, the society give a legal notice to the owner of the flat. Society inform him/her the rules and regulation of the society and inform about society activity. 

1 Like

Charud (EXECUTIVE)     13 October 2010

Dear Alok

In this situation my opinion is that if the flat owner is not traceable try to find his borker if any he might have in touch with the owner. Second thing if the owner has borrowed housing loan then society must have its bank records as society has to issue noc and share certificate to owner's bank. If so then you may check with the bank for his contacts if owner is paying regular installments. Try this, you may get result.

1 Like

Alok Choudhary (Business Manager)     14 October 2010

Thanks Mr. Charud. Flat was purchased from Builder 15years back. we have checked at original address given to builder but he has left that location almost 14years back and never come back. should we take help of police in tracing the owner ??

Bharatkumar (ADVOCATE )     18 October 2010

Mr. Alok, The tex-bill, electic bill paid by owner regularly know that, If yes u try to know owner address.  

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 October 2010

for : Alok Choudhary

 

1.  Society (CHS) has the jurisdiction to recover its dues from its members under the Coop Act of the State.

 

2.  Recovery proceedings u/s 101 of the MCS Act (only in Maharashtra) can be initiated.  Notices + Paper notices + pasting notices will be issued by the Registrar of Coop (competent authority).   Subsequently and ultimately the registrar of coop will have to pass ex-parte order and issue order for recovery certificate.

 

3.  After time lapse period, the designated recovery officer will have to intitate Auction proceedings to recover the society dues. 

 

4.  The competent authority will auction the property, after taking over charge of lock and key and hand over the recovery proceedings of the same to the CHS and the rest will be deposited with the Registrar of Coop.

 

5.  After the Auction of the property,  IF the original owner turns up (and most probably will happen)  THEN the ....  (WELL .... that's another legal battle over umpteen patiala glasses full of whiskey)

 

Keep Smiling .... Hemant Agarwal

Kanaksinh P.Boda (Educationist/Lawyer)     03 December 2010

Most of the cases of such recovry procedure end up with mutual settlement.

Try to get as much as possible by offering settlement initially, once you get the owner, and with little resistance, he may agree. Once he makes a part payment, again try and some more payment may come. show him that you are linient and favouring by waiving interest, penalty etc  by andavoiding legal procedure etc.

 As, the time and expenditure on legal matters is a major constrain of most of the Societies. This will minimise the hardship to all concered. Even most of the lawyer suggest it to begin with.


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