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vikas mishra (ADVOCATE)     15 February 2009

RECOVERY FROM MEMBERS OF HOSING SOCIETY

CAN ANYONE HELP ME AS HOW TO RECOVER DUES FROM THE DEFAULTING MEMBERS OF THE HOUSING SOCIETY, SHOULD WE FILE DIRECTLY IN THE CO-OPERATIVE COURTS OR GIVE A WRITEN COMPLAINT TO THE RGISTRAR OF THE SOCIETY .



Learning

 12 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     15 February 2009

MR. VIKAS,


You can directly file a case before the Co-Operative  Tribunal of concerned state,  for Recovery of  Amounts from the defaulted Member. 


But, before to file the same,  issuance of demand notice to the defaulted member is must


As per me it is not necessary to file a complaint to Registrar of Societies. 

AEJAZ AHMED (Legal Consultant/Lawyer)     15 February 2009

Go through the following site,


Q. Nos: 102 onward,


Specially Q. No: 112


https://www.karmayog.org/general/general_3086.htm

Abhishek (law student)     16 February 2009

wella..Mr Ahmed is absolutely ryt...

Isaac Gabriel (Advocate)     16 February 2009

The state from where this query is raised is not known.There are provisions in the Cooperative Societies Act to deal with such cases of default.The housing societies can bring the property into auction for default in accordance with the undertaking and pledge made at the time of obntaining loan either for construction or buying a ready built house.

vikas mishra (ADVOCATE)     16 February 2009

THANKS A LOT AHMED BHAI !!! MAY GOD BLESS YOU.

Shree. ( Advocate.)     16 February 2009

Dear Vikas Sir,


   In case if the defaulters do not wish to pay the dues then the office bearers should issue notice for recovery of dues. Inspite of the same if the defaulters do not pay the dues that a suit can be filed before the Asst. Registrar / Deputy registrar u/s.101 for recovery of dues. With the amendment of Section 101 the dues payable be members of a Co-operative Society can be recovered faster. Even the office bearers can do recovery under Section 101 themselves. It is not compulsory to file a suit in a Co-operative Court for Recovery of Dues.


The procedure for recovery of dues is as under :-




  1. Issue a notice for payment of dues to the defaulter.




  2. Pass the resolution to recover the dues in the Managing Committee Meeting.




  3. Issue a final notice to the defaulter.




  4. Apply to the Asstt. Registrar / Deputy Registrar for the recovery of dues.




  5. Pay the prescribed fee.


    Hope ur problem solved.



prakash (fl)     16 February 2009

Kindly forward me co-operative court address Mumbai.K(E) ward.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 February 2009

Apologies, but the problem ain't that simple, as it looks like it to be.


1. Recovering dues from a defaulting member would not be possible if the mg.committee itself is in default of  section 73(1AB) of the MCS Act.

2. Recovery amount would not be the entire monthly out-goings.  Recovery would be possible only on certain components of the regular monthly out-goings, as defined under the Act and approved in the society bye-laws which should be compulsorily approved by the registrar of co-op.

3. Recovery would also not be possible if the mg.committee is not a duly constituted mg.committee, as per the norms of the MCS Act.

4. Mg.Committee would have to take consent from the General Body in a meeting to initiate proceedings against the defaulting member.

5. Using certain tactics and strategy, the defaulter member would easily take the society mg.committee for a very very long long ride, if he wishes to and the mg.committee members would be left to watch the show from the peep-hole.


KeepSmiling...HemantAgarwal

9820174108

 

Abhishek (law student)     17 February 2009

pointz raised by Mr. Hemant are relevant...hmmm.

prakash (fl)     17 February 2009

What R the procedures from Recovery of Society dues from tenants of the members,who collected Money dues to society from members and not deposited the same in society accounts,is this defalcation of society funds and crime against society,Can society resort to provisions of INDIAN PENAL CODE for recovery of this amounts?

1 Like

prakash (fl)     08 March 2009

Freeze Bank account would it be counted as Interferance and obstrcution to the judicial process?As CHS could not challange order of Registar on account of non payment of professional fees to their Lawyer.

1 Like

Sunil Salunkhe (Commercial officer)     27 March 2014

Dear all My brother has taken loan from patpedhi in 2006 by submitting fake salary documents. The person who were witness. They died. Brother didn't pay it. We also don't know about that time. But before 3-4 months we got notice . And by mistake it is ignored by my father. But later we got final demand notice from "deputy registrar co operative society" u/s 101 of Maharashtra cooperative society act 1960 In that they informed that they r going to seize our ancestral land, which is on the name of my father only. While taking loan brother didn't submitted & not mortgaged land to patpedhi. So pls reply What action can I take to avoid payment of loan for which my father or me not responsible. Patpedhi has idea where brother is staying but they ignore & taking action on land Pls reply on urgent basis

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