If you have presented the cheques, you must be having the number of the cheques with you. It is advisable to write to your bank asking them to stop any payment if the cheques are submitted for clearance. Further, if the cheques have not been returned to you, you must send a legal notice to them asking them to return the cheques or legal consequences would follow. If they dont comply, file a police complaint against them.
Payment of maintenance charges by a/c payee cheques
I have issued about 20 a/c payees cheques for maintenance charges of Coop.Group Housing Society in Delhi & sent to the President of society but neither returned the cheques to me nor accounted for in the Books of Account of society. I seek your guidance What I should do in this case? Thanks.
Asked 9 years ago in Civil Law
11 Answers
1) did you send cheques with covering letter ?
2) were the cheques encashed?
3) send letter to president asking for receipt in respect of cheques encashed
4) you have not mentioned whether in your maintenance bills for subsequent quarters credit had been given for payments made by you
5) if credit had been given it would be accounted for in audited annual account statement of out standings payable by members
Hi, you have to keep the cheque leaf for the your reference and if the Association people ask for for the payment again you can show the same to the association and one more thing if the cheque is not presented with in 3 months then cheque has no validity in the eye of law and cheque will lapse and it can not be presented again.
Have you issued the cheques together with the dates posted in it?
Or whether you issued the cheques one by one as and when it became due?
In any case since you have paid the maintenance charges to the society by way of cheque, what is your botheration about the society not presenting them for cashing it?
Once you have made the payment for maintenance through cheque payment your responsibility in that regard is finished, they cannot ask you again until the cheques are bounced for insufficient funds.
Dear Querist
Issue a legal notice to society with all the details of the cheques.
You can issue a lawyer's notice to the President to either deposit the cheques or return them, failing which you can lodge a police complaint against him.
A. There are a ample reasons why a cheque may not be able to be paid out on. This includes but is not limited to: insufficient funds, amount in words and figures differs, cheque is stale or post-dated, signature is unlike specimen held, and alterations have been made without sufficient signature authority.
B. When did you issued the Cheque? you can approach the bank to know the cheque status. If the dishonour notice you receive states one of the following as the reason for the dishonour: (i) refer to drawer, (ii) post dated, or (iii) effects not clear, you can re-bank the cheque.
C. If the bank failed to provide the reason in reasonable time that you can lodge the complaint before the banking OMBUDSMAN. or approach the Consumer forum under the deficiency in the service after the legal notice.
C.
1. The query is deficient in providing details,
2. Do you live in the same society premises?
3. What is the reason shown by the Society for sitting on your 20 nos. maintenance cheques?
4. Society will not accopunt for the amounts of the cheques in their books of accounts unless those cheques are presented to the Bank and the amounts are credited to the society's account,
5. However, have you got the acknowledgement of receipts issued by the said society while receiving the said 20 cheques from you?
6. If yes, then send the Society a letter by speedpost of hand delivery requesting them to deposit the cheques to the Bank immediately and update your account in recspect of payment of maintenance amount.
Sir, Reply on the queries are as under:- 1. Kindly elaborate the deficiency in queries, 2. yes, Bonafide member, 3. Society has not given any reason even after various letters, 4. OK, but while closing the accounts of society, they should make a list of cheques in not presented to Bank with reasons, At least society has not given such information till date, 5. Yes, I have the receipts of SPEED POST sent the cheques with letters, 6. Many letters sent to the society requesting almost in every month the reasons for not accounting/presenting the cheques to my Bankers. There is a dispute since July 2008 with society u/s 93 (4) and 106(6) of Rules of the Special provisions under Delhi Coop. Group Housing Societies Act/Rules and matter is pending with Arbitration/Delhi Coop.Tribunal.
Asked 8 years ago
1) society has not accepted the cheques as dispute is pending with the society before arbitration tribunal .
2) on next date of hearing before tribunal raise this issue .
3) the society can accept the cheques under protest
If any member or a resident or a tenant of a co-operative group housing society is not able to get what one should get as services from the said society, he/she has all the rights to serve a legal notice on the society. The managing committee is responsible to ensure that what ever are the rights of the members or their representatives should be and must be given / provided without any delay. But if the managing committee is not providing the required services, a legal notice should be served upon it.
If situation as explained above arises the members have their right to serve legal notice on the Society and still if the society do not mend their ways, a legal case may be lodged at 3 places (1) Registrar (2) Consumer Court (3) Criminal Court, it is the sole choice of the complainant to file the case 1 or 2 or all the 3 options open before him.
I think the judgement in the case referred below may be of some use to yur cse pending in the arbitration court also:
Judgment of Mr. SC Khatri, Arbitrator dated 4th March, 2014 on Common Space Car Parking Charges – illegal & to be refunded with interest. The judgment was in Arb.Case No.73/GH/DR/ARB/2012-13 Dated: 04th March, 2014 IN THE COURT OF MR. SC KHATRI, ARBITRATOR APPOINTED BY
THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVT OF NCT OF DELHI,
B-84 (G.F.) HARI NAGAR, CLOCK TOWER, NEW DELHI-110064
for an award under AWARD UNDER SECTION 71 OF THE DCS ACT, 2003.
The proceedings in the above matter may benefit you.
Issue a lawyer's notice to the society. If the compliance is not made to the notice then move to court for an appropriate relief.