Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ZNin Teknajz (Self Employed)     15 December 2021

Unable to pay chs maintenance for past 1.5 years, can only clear same next year.

Hello,
We are unable to pay our CHS maintenance since last 1.5 years, due to Corona (uncertain job).
I am expecting money in coming year 2022 in first or second quarter. (one of investment policies to be matured and expecting money from there)
We received notices from the Society thrice and they are urging for clearing the dues ASAP.
What can I do in this case ?

 

 



Learning

 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 December 2021

You can inform your situation and amicably settle your issue as society is asking as per rules.

ZNin Teknajz (Self Employed)     15 December 2021

Thanks,
We have informed the society regarding same. And doing best in most friendly manner to resolve the issue. As it is our fault.
But they said, they are going to take a legal action now.

Kishor Mehta (CEO)     16 December 2021

Since you are at fault it will be prudent to settle the matter amicably. If the society takes legal action you will have to convince the legal authorities to grant you some time.

Dr J C Vashista (Advocate)     16 December 2021

Is it a legal dispute / problem/ query for consideration and obligation of experts on this platform ?

You will have to settle the issue amicably.

ZNin Teknajz (Self Employed)     16 December 2021

I have received notices from soceity (warning letter, if dues are not paid at earliest they shall take a legal action) initials signed by secreatary/chairman. I am already charged the additional interest (around 2000+) on total dues.

Thanks will try best to settle issue amicably. But will be better to understand what actions can be taken legally, I am 100% sure that amount shall be re-pay entire dues before 2022, 3 to 6 months.
Or I have other option to sell my obsolete car.
(which already is on list)
 

Kishor Mehta (CEO)     16 December 2021

Society can approach either Registrar of CHS or Co-Operative court to recover their dues. Once any one of these legal processes commences you will have no option but to pay the dues with interest and the opportunity of amicable settlement will be lost. 

ZNin Teknajz (Self Employed)     16 December 2021

Originally posted by : Kishor Mehta
Society can approach either Registrar of CHS or Co-Operative court to recover their dues. Once any one of these legal processes commences you will have no option but to pay the dues with interest and the opportunity of amicable settlement will be lost. 

Thank You and i Understand this properly.
Everyone among committee members are agreed amicably.
But only the secretary/chairman are not. We stay on same floor as they are on, they want to get hold/purchase our flat as they will have double flats on same floor.
I cant prove this in court of law..
How long will it take once the matter goes legal ?
If few months,(3 to 6) then I shall be able to clear all dues without fail.

Dipro Hajra   17 December 2021

Firstly, try to settle the dispute amicably. Then, if you have the tenacity and money to fight a civil suit, then file a civil  suit for trying to usurp a property, stating the grounds on which you said why the secretary is not cooperating with you. Though, going by statutes you are ineligible to any more time for clearing the dues. The secretary can file a suit to get the dues paid.

Aryan Raj   18 December 2021

In response to your query,

Nonpayment of dues in a housing society can have serious legal ramifications for the defaulter. If a flat owner does not pay his upkeep on time, the society might take legal action to reclaim the debt. A flat owner will be labelled a 'defaulter' if he does not pay his maintenance for three months.

As my people may suggest to resolve the dispute amicably and give the society maintenance authorities your confidence and assure them that you will be able to pay the complete amount as soon as you have the money in your hands, or you can also give something in for consideration for time being just to hold the dispute from going to the court as the case is most likely to go against you, my best wishes for you. 

Regards, 

Aryan Raj 

ZNin Teknajz (Self Employed)     19 December 2021

Thankjs @aryan Raj and @Dipro Hajra.
I cleared half amount this year first quarter in 2021. But since then its completely due.

I will do best to resolve matter amicably and assure commitee to clear within first quarter next year.


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