1. Society is registered with Telangana Registrar 2. Difficulty is when we complain to the registrar about defaulters, the registrar says it is not in his powers 3. Can we file a recovery suit in the civil court, if yes, under what provisions Please advise
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if it is registered under cooperative societies act of your state suit if any for recovery of dues should be filed in cooperative court having jurisdiction
2) before taking legal proceedings issue legal notice to defaulter to pay outstanding dues
3) if he fails to pay pass resolution in managing committee for taking recovery proceedings against defaulter
Society should Issue notice regarding payment of arrears of maintenance and if they default then withdraw their facilities including canceling of membership and stopping essential services. Society can slso file recovery suit but the same is lengthy process.
Dear Client,
1. The cooperative court is a specialized court that deals with disputes arising out of cooperative societies. This means that the cooperative court will have a better understanding of the law and the procedures involved in recovering dues from defaulters.
2. A legal notice is a formal document that is sent to the defaulter demanding payment of the outstanding dues. The legal notice should state the amount that is owed, the date by which the payment is due, and the consequences of non-payment.
3. A resolution in the managing committee is a decision that is made by the governing body of the society. The resolution to take recovery proceedings against a defaulter should state the amount that is owed, the steps that will be taken to recover the debt, and the consequences of non-payment.
Not in civil court but co operative society court. Also raise prayer to stop water and electricity till maintiance not paid.
The society binds its members by its bylaws which they have accepted and subscribed to before being admitted as members. They are bound by the resolutions passed at the AGM as well as in the various executive committee meetings held periodically. When the society provides services for maintenance of common areas and amenities, the members should pay the charges. In case of recurring and wanton default, the society can very well sue the members for recovery of such charges. Consult a competent lawyer, issue notices and proceed to file the suit at the jurisdictional court.
Registrar has powers in the same
You can file a suit for recovery of the money due to your society in the normal channel also.
- The Society should issue a legal notice to the defaulting members , and therein mention that in case of non-payment , their membership can be cancelled without a court order.
- Further, if no positive response , then file a Recovery suit for recovery of arrears of maintenance with penalty as per the rules of your Association on the refusal of the Registrar.
