• Partial payment against outstanding dues

Hello sir,

In case of partial payment by a member towards outstanding dues of the society, is the amount first adjusted against the principal maintainance charges amount or the interest amount?
Asked 5 years ago in Property Law
Religion: Hindu

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22 Answers

Its depends upon society's bylaws has been passed in the society in the AGM or SGM, whether to adjust maintenance amount for pending balance first interest or principal amount. but as per the law society is liable to collect on simple interest rate that too should not be more the 21% p.a. as per the MCS act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Generally the financiers adjust the amount paid towards the accrued interest and the balance to the principal amount. 

Therefore it won't be a surprise that the association also adopts the same mode of adjustment of the amount, it will depend on the bylaws meant for it or a decision taken in a meeting of the management committee in this regard. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Sir, Ma'am,

In case of any debt or outstanding amount, the partial payment is usually adjusted against the interest amount. However, there is no absolute rule and your particular society might be adjusting it against the principal in accordance to their bylaws.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Ask them to clear very first maintenance invoice bills including interest till partial amount paid for maintenance for those period.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In such case, most of the people first adjust the interest due and then balance is adjusted against the other charges. While such practice is best accounting method but is completely in violation of the society bye-laws. While adopting such method, you are actually imposing / charging "Compounding Interest" i.e. Interest on interest, while the bye-laws says that the members are required to pay "Simple interest".

Therefore, it is suggested to first adjust the society charges and if there is any balance left out then adjust the interest. If no balance then carry forward the principal (remaining, if any) and interest for subsequent month for calculation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

First send them a legal notice if not complied you can proceed further. 

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

Both Principal and interest components. 

You may file disputes before Co Operative Hsg Soc. Court under section 91 of MCS Act 1960 challenging the arbitrariness acts of Society and members of managing committee with the office bearers. 

You would win and Society would loose the case.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Please find out they exact manner in which they are calculating the amount. 

If they are adjusting the amount only against the interest calculated by charging simple interest, then you will not succeed in your complaint. 

However, if their calculation is resulting into compound interest, then yes, you can file a complaint on this premise.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You may challenge the the statement of audit,balance sheet and income expenditures accounts as well. Mostly Society and MC members along with office bearers are embezzling Society funds for their personal and private use by window dressing of Balance Sheets and forged documents with illegal expenses shown in income and Expenditures accounts audited by auditors appointed by dishonest office bearers and members of managing committee. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Under general circumstances the money paid is first adjusted against interest and then against  Principal amount.

So this is the standard law. 

First check whether interest payable to arrears amount or nit as per the bye laws of the society. 

Unless the bye laws si prescribes society can not impose interest on arrears maintenance charges. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

You can first make a representation in this regard and request the society to adjust the partial amount equally towards principal and interest.

If they refuse to accept your request citing the prevailing law, then may decide next course of action.

Legally your claim may not be maintainable.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It should be adjusted against principal amount and not against interest 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Issue notice to society to adjust payment made against principal amount 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Yes you can file a case

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It will adjust agaisnt outstanding. Complain to registrar and if no solution than obtain stay from court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

- As per bye law , a member should pay the the Simple Interest till full and final payment . 

- Hence , the society is bound to charge simple interest from the members for adjusting the interest. 

- If the society will adjust the interest dues and then the principal , then it will be against the society by laws ,because by this way the society will charge the members Compound interest i.e. interest on interest , and not simple interest. 

- And hence, the Society should adjust the principal amount first then interest amount legally 

- Yes, you can lodge your complaint before the Managing committee , and if refuse then file a complaint before the Registrar. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

That is your discretion. It may be part or full towards the principal or interest.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Well then the amount paid must be more than the interest so after deducting the interest the rest of the amount should be adjusted towards the principal.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It should be ideally adjusted against principal and interest may be levied separately for the rest of amount

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

society can adjust against principal amount. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

File complaint against Society before Registrar of society 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. It depends on the procedure society follows for outstanding amount of maintenance.

2. In general practice amount is adjusted towards principal amount and interest or late fees can be claimed later. 

3. Yes you should definitely file case against society before consumer forum.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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