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Sagar Kotak (Student)     13 September 2016

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.

 

 



Learning

 2 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     13 September 2016

Sir, 

 

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

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Nitish Banka (lawyer)     14 September 2016

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

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