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Brijesh   20 June 2017

Legal notice through registrar

We are a society of 84 flats at Dombivli (East), we have some tenants who have not been paying their monthly maintenence on regular basis. Out of all these cases there is one case where a society member paid an amount of Rs. 10000/- in December 2016. His total dues now is around Rs. 49,000/-. Can any legal action through a registrar be taken against such member ? He is not a defaulter but he is also not a regular payer.


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 4 Replies

Ms.Usha Kapoor (CEO)     20 June 2017

You   or Some of  you owner members can issue Legal notice to errant tenants to  pAY ALL DUES FAILING WHICH  ALL CIVIL AND CRIMINAL PROCEEDINGS WOULD BE TAKEN AGAINST THOSE TENANTS. iF THEY DON'T PAY UP LODGE  A POLICE COMPALINT.You COMPLAIN to the Registrar. He is beyond issue of Legal notices. He will take action against defaulting tenants who are in arrears. You memnbers may make bye laws if tenants dont pay MAINTENANCE CHARGES FOR  A LONG PERIOD AND ARREARS pile up Stringest    Legal action would be taken against them-such as Hefty penalties,interest,Civi prison,Declaring them asinsolvents etc.

Ms.Usha Kapoor (CEO)     20 June 2017

You   or SAome of  you owner members can issue Legal notice to errant tenants to  pAY ALL DUES FAILING WHICH  ALL CIVIL AND CRIMINAL PROCEEDINGS WOULD BE TAKEN AGAINST THOASE TENNATS. iF THEY DON'T PAY UP LODGE  A POLICE COMPALINT.yoU COMPLin to th eRegistrar. He i sbeyond issue of Legal notices. He will take action against defaulting tenants who are in arrears. Yopu memnbwers may make bye laws if tenants dont pay MAINTENANCE CHARGES FOER  A LONG PERIODAN DARREars pi9le up Legal action would be taken against them.

Advocate Suneel Moudgil (Advocate)     21 June 2017

remedy/action for such irreglar account must be mentioned in BYE LAWS/MOA of your society, in case there is no such provision, then arrange an emergency meeting and make changes/amendment to BYE LAWS/MOA and take action accordingly.

for further clarifications you can call me.

 

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     04 July 2017

Yes, action can be taken if the maintenance is not paid on time.

Some Societies levy interest at 21% on the arrears after the due date. If any member is in persistent default recovery proceedings can be taken before the Registrar of Co-operative Societies under Section 101 of the Maharashtra Co-operative Societies Act.


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