Legal Question in Real Estate Law in India
Non payment of Co-op.Soc. dues
Our society is registered having 70 members.
About 8 memebrs are not paying monthly dues of Rs. 1600/- for last 8 months to 1 year for the following reasons.
For the Co-operative year 2007-08 AGM of the Society was held 6 months after due date i.e. in Jan.08 without the permission of registrar.
The elected Chairman, Secretary and Treasurer had not given the bond as per new rule.
They say the whole election of the committee is not according with the rules of the Co-op. Soc. They are also refusing to pay the increased society charge of Rs. 100/- from Co-op. Year 2008-09.
Rest all the members are co-operting and not creating any problems for the society's dues.
Now the question is though those 8 members may be correct on the above points , but can they stop the society's dues. What is the remedy to collect dues from such members.
3 Answers from Attorneys
Re: Non payment of Co-op.Soc. dues
It would be very difficult for us to answer your query without looking into the bye-laws of your society.
Re: Non payment of Co-op.Soc. dues
you can raise a demand and on failure to make payment, you may approach the Registrar for remedial measures - recovery of the amount or their eviction by cancellation of their allotment.
Re: Non payment of Co-op.Soc. dues
Non-payment is not justified. At the most increase can be disputed.
Society can initiate action U/s.101 Mah Co-op Soc Act and proceed with recovery.
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