Procedure To Recover Maintenance Dues from Defaulters of Cooperative Housing Society
In current situation running a society smoothly depends on how much cash reserves the society has in its bank. Few societies doesn’t feel that much heat as members are cooperative and paying maintenance bills on time, check .Regular payment from members makes easier to run society as it doesn’t feel cash crunches.
However few societies are exception to this as default by members are keep on increasing, which make committee members work more difficult to manage. Recovering the dues from members is complicated task as it also harms the personal relation with the committee members and defaulter members.
Under Section 101 of Maharashtra Societies Act (MCS), society can fight the legal battle to recover due from defaulters.
Society Committee can follow below procedure to recover dues from defaulter society member:
1) Issue a simple letter to defaulter (there is no specified format for this) which should have the amount dues, period for payment and also a warning mentioned about “Failuer to make payment, society will make application to society registrar under Maharashtra Societies Act section 101 to recover the outstanding dues”.
2) After the completion of given period on notice to defaulter, committee should pass a resolution to take action against the defaulter.
3) Under the section 101, Society chairman and secretary can take action against the defaulter and has rights to sign all the required documents which they need to submit to society registrar who will issue the recovery certificate.
4) After the submission of all the papers from society to registrar. Registrar may ask for hearing with defaulter member and verify the records. After verifying and hearing if registrar find the appeal truthful he will issue recovery certificate to society.
5) Once the recovery certificate received by recovery officer, he will prepare the demand notice which will send to Sale Officer and same notice will be attached to property of defaulter member of society.
6) Sale officer will visit the flat of defaulter to prepare and submit the list of inventory of all his moveable property. If defaulter member is still not paying out standing dues even after receiving Demand notice, Sale officer can seize the moveable property and can hand them over to Secretary or Chairman of society for custody.
7) After the seizing auction date is fixed for auction of seized movable property. If the amount received from auction is less as compared to dues then Sale officer has right to auction the flat of defaulter member.
