LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wasim Mistry   17 January 2022

Society dues

I purchased shop in February 2021. Before  purchasing I enquire about any dues is there on previous owner or not that time chairman told me some 20000 repair fund is pending and next day in front of me previous owner  paid the repair fund by cash as chairman not ready to accept the cheque as he was saying one of the committee member died and other committee member signature is not updated is bank so it very difficult for them to withdrawal the money from bank. After purchase I paid them transfer fees all the other formalities I did and maintenance bill started coming in on my name from April 2021.

At the same month April a new committee has been formed and now a new committee is saying the previous chairman has misused the society’s fund. Now in January 2022, they are saying the repair fund is still pending of my shop and now I have the pay it before May 2022 else they will put on my maintenance. This month January 2022 with the maintenance slip they gave one more slip of repair fund which is in the previous owner name. When I ask why the repair fund slip is on the previous owner name they are saying the repair was passed in 2018 that time he was the owner so we cant give slip on your name.

Now my question does society put that on my maintenance slip? Why should I pay again for previous chairman misuse?  When I try to talk to new committee members they are not ready to talk to me on this topic and they are just saying talk to the previous chairman as the fund is still pending his time and the previous chairman is saying your all dues are clear and cant help you now and he is not ready to give this things in written.

Even the new committee is not ready to give me a share certificate. For share certificate they are saying other members certificate is also pending we will make all certificates together whenever we are free as we are busy in other society works.



 13 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2022

You paid maintenance in the name of society and got a receipt on society name. How come ex-chairman is responsible for it. So you need not pay again as new committee demand for the maintenance.

Wasim Mistry   17 January 2022

They are asking receipt of the repair fund which I dont have. As that time I was not the owner and even old own dont have because ex chairman has not given. The repair fund which they are talking now was passed in 2018.

G.L.N. Prasad (Retired employee.)     17 January 2022

Represent the issue as a complaint to the Sub Registrar of Societies with such dates and names of the office bearers at the time of your discussion.

1 Like

P. Venu (Advocate)     17 January 2022

These arrears are not a charge on the property. Hence you are not liable. You may request the Society management to deal with the previous owner.

Aryan Raj   17 January 2022

In response to your query,

You are not bound to pay that amount because it is responsibility of the society to collect maintenance amount in due course. If society has failed to do it then it is society's responsibility. This unpaid amount can't harm you form any angle. Society either registered or unregistered does not strike over substantive law of the land by its own bylaws.

You should avoid to issue any type of notice either to society or over your previous owner. Because a notice is issued for the compliance of his legal duty or obligation, which is vested in the person to whom notice is issued, against you. Your previous owner is not under any legal obligation to pay that money to you because his duty / liability is against the society.

You can file a civil suit against the members of the committee for not issuing you the maintenance slip on your name and also for not giving you the share certificate. 

Regards,

Aryan Raj 

 

 

Wasim Mistry   17 January 2022

The maintenance slip is coming on my name only this month with maintenance slip they gave me one more slip of repairing fund which is on previous owner name.

Kishor Mehta (CEO)     18 January 2022

The society usually has to issue an NOC/NO DUES certificate to the previous owner at the time of transfer of ownership of the flat/shop. Whether such.NOC/NO DUES certi6 was issued in your case? 

Wasim Mistry   18 January 2022

No. Noc not issued on my name.

Kishor Mehta (CEO)     18 January 2022

The NOC/NO DUES certificate is usually issued to the previous owner who is selling his rights in the society. Whether the society had issued the NOC/NO DUES certificate to the seller?

Wasim Mistry   18 January 2022

No ex-owner has not taken NOC from society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 January 2022

You have not stated as to in which State you are and what type of Society is yours (I presume that it is a registered society). Precise opinion on your case is not possible without this information. Laws change from State to State and with the type of Society i.e. whether it is a co-operative society or is registered under any other law of the State.  Is the chairman, who accepted Rs.20000/- in cash still around and is a member of the Society?   Your complaint/queries are as below.

1.      The seller of the property gave Rs.20, 000/- to the then Chairman in cash as amount due to the Society.  The then Chairman did not credit that amount into Society’s account and he is no more an office bearer of the Society.

2.      The Society is claiming Repair Fund amount from you. They are issuing notice for the Repair Fund in the name of the previous member, but claiming the amount from you.

You state that to complete the formalities of transfer to your ownership, you paid transfer fees and completed other formalities. I presume that the Society gave you receipts in your name for the payments. You are receiving monthly maintenance bill in your name from April, 2021 onwards. I presume that you are regularly paying the amounts and the Society is giving you receipts for the amounts in your name.

The Society did not give an N.O.C. to the previous owner to transfer the flat to you. But now the Society has accepted transfer, accepted the resignation of the seller from membership of the Society and accepted you as the new member with rights over capital property of the Society. Thus the Society has demonstrated that they had given approval for the resignation of the previous member, relinquishment of his rights over the property  and admittance of you as the new member in his place. Hence not giving NOC is no more valid.

The Society has a charge on the Capital and property owned by any member for all amounts due to the Society from the member and he should not be allowed to part with his rights over them unless and until  all dues to the Society are settled by the resigning member to the satisfaction of the Society.

Under the circumstances you are liable to pay neither the Rs.20,000/- nor the Repair Fund amount. The Society can claim the amounts from the former Chairman and/or from the former member of the Society as they deem fit.

You can also file a criminal case against the former Chairman and the seller of the flat to you, for mispresentation and defalcation of funds.

 

1 Like

Wasim Mistry   19 January 2022

I am from thane District, Maharashtra 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 January 2022

And is yours a co-opertive housing society?  If so what advise I gave it to to applies to you.  The ball is in the Society's court. They cannot legally recover the amounts due prior to your becoming member  from you. You sit tight and pay all bills after April, 2021 provided the Society gives you a receipt stating the account under which the amount is collected. If you want to make your position stronger write a complaint to the Assistant Registrar/Deputy Registrar of your ward precisely stating your case. Actually a criminal case should be filed againt the former Chairman.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query