BENEFIT OF FOLLOWING COMPLETING 101 PROCEDURES

1.The Section 101 procedure is a simpler way of realizing arrears of society dues without instituting the cumbersome court proceedings a compulsion in business which require establishing debt due by a debtor to a creditor in the course of business a profit making activity necessarily.

2.The hallmark of this procedure is the Assistant Registrar/ Deputy Registrar issuing a Recovery Certificate for the amount due, after making a hearing and a summary inquiry on the basis of the affidavits filed by the disputant and the respondent. Obtaining this certificate costs maximum of Rupees one thousand payable as application fees to the State Government.

3.A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force for the recovery of land revenue.

4.After the recovery certificate is issued the ball is in the Court of the state Government;

i.On receipt of the Recovery Certificate, the Recovery Officer shall prepare demand notice for being sent to the Sale-Officer for attaching the movable property of the member concerned.

ii.The Sale Officer, on receipt of recovery paper from the Recovery Officer, shall visit the flat of the member concerned for preparing an inventory of the movable property and handover such list to the member concerned and serve the demand notice on the defaulter member.

iii.If the amount not paid by the member concerned immediately on service of the demand notice, the Sale Officer will seize the movable property.

iv.Thereafter, the Sale Officer will fix the date, time and place for such auction of the movable property seized and auction out the same and pay the sale proceeds thereof to the Society, in satisfaction of the outstanding dues payable by the defaulting member to the society.

Making Application for issuing a recovery certificate

a.Issue a notice for payment of dues (including up to 21% interest) to the defaulter, with a warning therein that on failure to make payment of the same, an application would be made to the Competent Authority under section 101 of MCS Act, 1960.

b.Pass the resolution to recover the dues in the Managing Committee Meeting.

c.Issue a final notice to the defaulter

e.Apply to the Assistant. Registrar/ Deputy Registrar for the recovery of dues.

f.Pay the prescribed fee (Rs 15 to 1000 max) through a challan payable at the Reserve Bank of India.

As is evident there is no suit before court of law is involved. In fact for cooperative disputes cooperative courts have exclusive jurisdiction and even that is obviated by special procedure of Recovery Certificate and Administration of the State helping Societies to recover arrears of dues at almost no coast. Question of time barring is unthinkable.