Dear Experts,
I am a keen reader of all threads on CHS. Please help me with the following:
1) There is a defaulter in our CHS ( current O/S is over 2.5lacs - since an unknown long period). The Managing committee members on some or the other pretext have failed to initiate any action on the defaulter so far nor are they willing to discuss the details of the case openly with the General Body. Recently we members signed a requisition for a SGM to be called for some issues and have put this defaulters item on the agenda. The Society has agreed to call the same but nothing substantial is expected this time too.
2) My question to you is:- Can we members demand inspection of records u/s 32(1) & 2 of the MCS ACT for the details of the payments made if any by this defaulter, since the society is verbally claiming that he is giving some small amount p/m, which is not verified by any of us. Can we sight documents/notice served by the committee or any other recovery related documents? what rights and access to information/documents in this case can we members exercise so as to ensure recovery proceedings are underway?
3) If no recovery process is initiated or Managing committee dodges this issue/unwilling to take any concrete action on the defaulter. Can this be treated as a deficiency/negligence of duties or an act of omission, which is liable for action?
Please guide us since we need to take this issue at the SGM to be held shortly. Would appreciate your expert help in the interest of aggrieved members of community.
Thanks
Wisdom
