• Maintenance and transfer fees is not paid by house holder

Dear Sir,

   We are running unregistered housing society at surat, and the society is running by society house holder, Earlier some society members not given maintenance time to time, looking to this we passed the rule that society maintenance must deposit in date of 1 to 10 on month beginning, and after deposit society charge Rs.10/- per day as penalty.

  But 2 to 3 members are not given the maintenance or Transfer fees also, they said that we does not give the penalty for late payment.

  give us the advice what to do.

thanks,
Asked 1 year ago in Civil Law from Surat, Gujarat
Hello,
1) If you have passed a rule following appropriate procedures and if the notice of the same had been given to all members the decision is binding on them.

2) You can issue a legal notice on the defaulting members demanding payment of the arrears with interest or face appropriate penalties.

3) As you are not a registered housing society you cannot move recovery proceedings against the defaulters before the Registrar of Societies. After passing a resolution in the Society's general body meeting you can file a civil recovery suit as your society is not registered.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1) form a registered cooperative housing society 

2) once regd society is formed you can levy interest at21 per cent for delayed payments 

3) also recover transfer charges for transfer of flats legally 

4) as on date you don't have powers to recover transfer charges and penalty legally 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hi
 You should be a registered society to recover the arrears of maintenance/ money due from defaulting members, as per the society act.
 Now you can send a legal notice stating the facts and demand the amount.
if they dont pay , file a recovery suit in the civil court.
 The best options to initiate to register the society under Gujarat co-operative society act 1961.It is necessary to work as effectively under provisions of law as a society/association
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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In the event of default in payment of maintenance fee by any member of the society the maximum which the society can do is discontinue the services in respect of which maintenance is being charged.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Any claim made by the unregistered society will not be maintainable in law hence any  action taken by unregistered society shall not  be tenable. Hence arrange to get the association a registered body and also pass resolutions on such issues through general body meeting effecting the decision benefiting in common to all the members.    Until then, the facilities extended to the defaulted members may be temporarily disconnected provided they do not agitate legally over  the curtailment  of the basic  amenities.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1. Register your society and pass the bye laws to be followed by the Society,

2. Act as per the bye laws in such cases where few members violate society rules framed after getting passed by the members attending to the AGM conveyed for the purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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