Regarding Society matter

write the same to society and if they dont accept send through registerred post.put your efforts on paper to avoid any further complications as you smell.

Deposit directly in the bank account of the society and keep all acknowledgments in safe custody as a proof.

for  VIVEK :

 

1.  Make society cheque + Covering letter addressed to society Secretary and to the ward Deputy Registrar (coop)
2.  Make photocopy of both above.
3.  "FIRST"  go to your ward deputy registrar and take his rubber stamp acknowledgement on photocopy of (as above)
4.  Make photocopy of point no. 3.
5.  Put original sign on point no. 4 and attach original cheque and despatch to society by postal "speed post".  Retain receipt of the speed post.
6.  NOW, sit back and relax.  The society cannot declare you as defaulter and also cannot charge you interest on outstanding dues.
7.  During default recovery proceedings, produce all the above (for every month) and you will win the case.  No interest payable.
8.  Do not deposit directly into societies account without the consent of the society, since amount will be transferred to an unknown suspense account, on a complaint from the society to the bank.  It will also be illegal to do so, unless their is a competent authorities directions.

 

Keep Smiling .... Hemant Agarwal
 

I totally agree with Mr. Hemant but there is one specific query in this regard i.e. The society is charging NOC more than 10% of the service charges. The member is not paying the excess NOC to the society. The member has written to the society not to charge several times but the Treasure of the society is not bothered about it and keep on charging more than 10% Due to this the outstanding balance is increasing every month. Now there is a demand towards the repairs of the building which the member is ready to pay but with the covering letter mentioning specifically that this amount is towards the repairs fund only. But the treasure of society has refused to accept this payment through the covering letter and stated that just drop in drop box. Once it is dropped in drop box he will adjust this amount towards the outstanding balance against the excess NOC and interest thereon and keep the member in default towards the repair fund because in the society there are seven buildings and there is a separate repair fund account for each building. The member is in process of getting the NOC matter through Dy. Registrar. Since the member has sent a letter to the society through speed post stating that you have refused to accept the payment of repairs fund so this may be deposited/sent to Dy. registrar. In response the secretary has replied that the person was instructed to drop the cheque in drop box. This confirms that the Treasure has refused to accept the payment of repairs fund. What shall the member do under such circumstances whether he should forward this payment to Dy. Registrar stating therein that this payment is for repairs fund and the same is not acceopted by the treasure or it should be sent through Speed post to the society. But in this situation the member may not get receipt for repair fund because the society will adjust this amount against the outstanding balance of excess NOC charged. Pl. comment to get rid of this problem.

In continuation of my above query I want to know that whwn a person is tendering cheque to the society during office hours through covering letter can the society refuse to accept the cheque and covering letter and force the member to drop the same in drop box. If the society does so what is the remedy available to a member?

 

When a cheque is delivered personally with or without a letter, treasurer or secretary is bound to accept it. But the problem is that the Society will deny that you made an attempt to deliver personally. In order to avoid such a situation you go to Society’s office with 2 witnesses and tell the Society’s officer that those who had come with you are witnesses. If he still dares to refuse, write on the letter “refused to accept” and all three of you sign underneath. Then write a letter of complaint to the Registrar, enclosing the refused letter and cheque and request him to order the Society to accept the cheque.

 Also you can drop the cheque with the covering letter in the drop box. Write at the back of the cheque “towards repairs”.

 If the Society does not appropriate your amount in the manner in which you want, do not bother. Keep yourself an account of your dues and payments. The Society will not be able to recover the amount from you under Sec: 101, without giving proper justification.

 

Directly deposit  in co-op soc bank account, and send xerox copy of chq & pay in slip to society, by Regd/ speed post with copy to Registrar informing the illegal act of not accepting your mtn, and communication , filing  complaint thereof. The Registrar will direct the society  mg com to do  needful