• Societys law

I am a resident of a society in bandra,and d committee has been siphoning funds from d monthly charges,i hv written several letters enquiring about these expenses,they hv been avoiding as they hv not even filed proper timely returns also.i stopped paying d society charges asking them to cal for a meeting as i proposed them i wil not pay unless i am joint signatory on d cheques,which they have avoided last 8 months and now they want to appoint a new committee,for which they say i cannot apply as i am a DEFAULTER.n unless i clear the dues i cannot attend the meeting as well.pl guide thanks sunil chawla
Asked 5 years ago in Property Law
Religion: Hindu

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9 Answers

You cannot stop payment of society dues

2) pay the society dues abd then stand for elections to MC

3) if committee is siphoning of funds auditor in his annual report would point out siphoning of funds

4) complain to deputy registrar against MC siphoning of funds

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Sir first of all you should not skip paying your maintenance that is not remedy if there was and fault you should have made complaint before the sub-registrar office. Further give a legal notice to society to give you the balance sheets as that is right.

Also clear dues and contest for elections.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is not valid reason for stop payment of society

You have to pay all dues then only you can apply for committee member

Complain against siphoning of funds to deputy registrar

If there is any siphoning of funds auditor point out during society's audit

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

you can approach the cooperative deputy registrar of your area for redressal.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes they are right in case you are defaulter in payment of maintenance then you cannot enjoy any right as a member to the society.

first of all you have to clear your dues and then you along with some other people complain to the compitent authority and in case of Society is the development authority in your case and Registrar of societies for the guidelines/direction to the society to produce the account and go for the AGM or EGM whatever is the case.

In case of any financial fraud the MC members will be held liable.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dont stop paying the maintenance

Continue paying the maintenance under cover of your letter to society by stating that the payment is made on a 'without prejudice' basis and under protest

As per bye laws the committee is bound to give inspection of the accounts and statement of expenditure incurred

You will have to write to district deputy registrar of cooperative societies complaining about mismanagement of funds and refusal to disclose information

Follow up with above letter by filing RTI application

If investigation is not initiated or the committee is not summoned by the officer to give details then you will have to file a dispute case in co-operative Court

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. You will have to file application u/s 81(6) with the Dy.Registrar, for Re-Audit, to determine the extent of any misappropriation. Consequent to which, the registrar shall initiate inquiry and prosecution.

2. Also complaint about the mg.committee meetings.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The bye laws may confirm their decision.

Did you go through the bye laws of the society in this regard?

Since you have taken law into your hand by not paying the monthly maintenance you may not be allowed to hold such sensitive posts as per the bye laws, you may confirm this and then proceed with further action on it.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to collect concrete evidence that the amounts are being siphoned off;

2. You can send them a legal notice;

3. You can also approach the Registrar and make a formal complaint;

4. Ask the Registrar to appoint an administrator and scrutinise the dealings of the society;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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