• Unregistered society not accepting the maintenance

Respected Sir / Ma'am,

Looking for your expertise for the case mentioned below.

a) We are residing in one of the falts in unregistered society since 1985 & as due to society is unregistered the said flat name was transferred internally by society from my Grandfather to my Grandmother name and from my grandmother name to my father name by following the agreed process decided by the society with all written application copy with us. We also have all the maintenance receipt with us with the respective name on it.

b) We have ongoing title suite into the city civil court since 2009 & we are the defendant in the suit.

I have below a few queries.

a) Due to society is unregistered some of the self-so-called volunteers become the Adhoc committee members without following the process and declared them self as committee members and due to their some back support from undisclosed powerful sources no one is objecting them or complaining against them.

b) Due to the ongoing suit, the advocate of the plaintiff sent a legal notice to our committee members to not to issue maintenance receipt on the name of my father which was issued earlier for almost 5 years. 

c) Due to the legal notice from the plaintiff advocate, our unregistered society committee member has decided to not to issuing the maintenance receipt to my father name which was not formally in writing communicted to us till now, even though we have repeatedly requested for the same.

d) From post 10 years we have regularly sent maintenance to society members via Money order but they keep rejecting till date without any reason.

e) We have also sent a legal notice to the committee member with CC to Police and other respective authorities but they also rejected the same.

f) We then took police help, however, police comment is due to its civil matter we cannot help more.

My Queries are

As we have regularly paid our maintenance via money order and they have not accepted the same till now, however, the other side is they keep threatening us time to time to pay our pending maintenance on there own condition i.e. We will not mention the name on it and we will only mention the flat no i.e. also we will not accept the maintenance in cheque we will only accept in cash.

In Mumbai to whom we can approach for complaint against our committee members for their malafied intention and to accept our maintenance and issue the maintenance receipt to my father name till we have any final order of ongoing suit from the honourable court.

Or any other best suitable suggestion?

Thank you,
Kunal Shah
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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7 Answers

Eventually in your society there is no comment legally elected show the registrar of societies cannot help you in this regard and due to ongoing civil suit the committee members are hesitating to collect the maintenance amount in the name of your father if previously anytime the maintenance was accepted in your father's name by the committee then you have the option available to move to Mumbai High Court and file a mandamus writ petition in the High Court for direction in this regard making this society as one party.

As this society is not registered so it cannot accept in cheque in the name of society as there could not be any bank account in the name of society if there are more than 10 persons living in the society it is always advisable to get the society registered with Registrar of societies and Chits so that the benefit of registration can be enjoyed by the society legally and the members are elected through legal electoral process

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can file a case under consumer protection Act for deficiency of service. Even if it's unregistered you can take the assistance of Dy Registrar to some extent. Ongoing suit may follow its own course

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

See society is unregistered then as such no steps can be taken by you against it and similarly they cannot take step against you to recover maintenance, you can pursue the suit and as per the result of the suit you can ask society.

Further you can approach registrar of society with other members to register the society.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)  file complaint against society before consumer forum to direct it to accept maintenance from you and give maintenance receipt 

 

2) if society is party to the ongoing suit file application in court to direct society to accept maintenance from you and give receipt 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can file a complaint against society before district consumer forum. 

you can also approach before registrar of society. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

you are advised to file an application in the pending civil case against you and request the court to permit you to deposit the maintenance in court

that is the best outcome as of now

as it is the society is unregistered and they want cash payment 

so it is better you deposit the money towards maintenance in court only

also why is the society not yet registered and what stops it from obtaining registration under the societies act?

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

If the society is not accepting the maintenance charges you should approach court of law seeking its permission to deposit the charges in the court as the society is not accepting the same.

Let the society appear before court and object to this citing their own reasons and the court may decide the same on merits.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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