Society’s, Dues Not Recoverable, After Three Years, Adv. Vinod Sampat
ฝัง
- เผยแพร่เมื่อ 16 ต.ค. 2024
- Society’s, Dues Not Recoverable, After Three Years:
Adv. Vinod Sampat
"SAHAKAR BHANN" channel publishes programs in "Housing & Co-operative" general. It produces documentaries, seminor, interviews of the celebrities and people working at various Housing & Co-operative sector. We seek your support and feedback for producing intellectually stimulating and engaging digital content.
Respected Sir/ Madam,
If feel “sahakar bhann” channel is best and you want to add some contribution to Sahakar bhann,
pl click on “Thanks” botton on My You tube Channel “sahakar bhann”and donate as much you feel.
Support : Paytm 9619335130
Thank You
Pl. Subscribe to my channel for even more videos & Share Link
/ @sahakarbhann3218
Kishor Kanade
9619335130
Thank you for your Valuable Information!
Thanks sir for valuable information
Bombay High Court Judgment in Versova Gurudutt Co-Operative ... vs Divisional Joint Registrar, The provisions of Section 92(1) of the said Act are not attracted in the matter relating to disputes raised before the Registrar under Section 101 of the said Act and therefore the petitioners are justified in contending that the period of limitation prescribed under Section 92(1)(a) cannot be applied to the cases placed before the Registrar under Section 101. The appellate authority having totally ignored this aspect, has acted illegally while rejecting the objection sought to be raised on behalf of the petitioners.
Bombay HC has clearly given a judgment that limitation won't apply for Section 101.
Sir ten years ke Deus maaf karenge to log 2/5 years maintenance nahi denge aur baad main Deus maaf ho jayega to bahot achha ho aap ka humare society main bahot logo ka 2/3/5 Lakhs rupees members ke upper baqi hai to Maaf hoga to hum bhi nahi denge mantanac thank you sir
Maintenance na dene koi valid reason hona chahiy.
Society ki galati hai 10 year society kya kar rahi thi ? Society ke log aache nahi hai aisa lagta hai,
Sir humari society mein administrater baitha deti hai aur har baar change karte rahi logo ko maza aa raha tha Dupty Registrar to sunta hi nahi tha ab Jake election hua committee bani lekin kuch Dalal log jo mahada ko sambhal rahe hai unki wajah se society mein administrater aata hai paise le de ke humare sath bahot galat ho raha hai aaj bhi kya kare
Mahada mein ghar ke Duplicate paper ban jate hai kabza ho jata hai Mahada check nahi karti agar koi complaint karta hai to
It's really usefull* G8 keep it on^⚘
Thanku
If v don't want swimming pool Gym etc. And if association demands to pay full maintenance charges .what to do.?
Our Society got registered on 13 feb 24...should we do audit next year...since time is consumed in meeting and selection of members..thank you
Very nicely explained..
3 साल पुराना व्हिडिओ है असे अप डिलीट करना चाहिये अमेंडेड अॅक्ट के अनुसार सेक्शन 154 बी (29) के तहत क्या कार्यवाही होगी उसका व्हिडिओ अपलोड कीजिए.
Jai Ho
Sirji great video,
Are the provisions of limitations act applicable to section 154(B)29 of MCS(Amendment)Act,,2019.
It's in force from 9th March 2019
Hello Sir, I need your suggestion on maintenance charges which I pay. I live in a society where each bunglow have one ground floor and a first floor. I have rented first floor and my landlord lives in ground floor. The maintenance charges my landlord pays 3600 INR and I also pay 3600 INR as a society maintenance charge. So my question is can society take two maintenances for one property? As I live on first floor of the bunglow? Kindly enlighten me
In kolkata an unauthorised person staying in a flat not paying a penny since 2010.The proprietor expired without leaving anyone.
Audio is not clear.
Hum wait kar rahe hai ki recovery bithaye society for dues. Lekin nahi bitha rahi.
Bahut paresan hai.
Is it mandatory to society to issue a maintenance bill to member in every month.
Thanks Sir🙏
Sir because of financial difficulties I am not able to pay my society maintenance charges ,but now every month i pay sum of amount to satlle my outstanding amount, but society said first they adjust my amount against interest so like to know what is low about it.
Payment will be adjusted against principal amount
Does this rule applies to maintananence payable by defaulter owners
Sir, you say that only if the person has ceased to be a member then only the Society cannot recover dues after the period of limitation but if he continues to be a member then the Society can recover? But if thebperson ceases to be a member then he would have sold his flat and the Society will ot transfer to the new member until the old member's dues are cleared!! So the question of period of limitation doesn't really arise??
Sirji, can I have a copy or details of the case of Pravin Mawani V/S DamodarBhavan, Dy-Registrat, K-west ward, & details of case at Bombay High court. , viz Case no. etc, so that I can get it by RTI
Sir,
I seek your help for a problem faced by me in my society. The problem is that the flat owner of my upper floor have fitted a grill extended till the window shade of my bed room i.e he fixed the grill by puncturing my bedroom window shade. Not only that he fixed his AC split unit on my window. Now my the sound of AC unit disturbing me. I have given a written complaint to the society's secretary. The person involved in this act is the chairman of the society. Is this action is proper. Am I justified in making complaint against this action. I am an old lonely woman with no help from anyone.
Please answer me what to do.
Can the registrar force the society t receive maintenance. society is issuing exorbitant bills with a view of selling the flat. what is the procedure to make them accept the justifiable legal maintenance ?
सर यदि सरफेसी एक्ट के अंतर्गत प्रापर्टी लीए तो पुराने मालक के बकाया due भरणा जरुरी है
Sir when there is 3 members are there one is first memb rest two of are associated members in such case second associated member can become managing committee member if yes what is the condition
Sir,in mumbai housing soceity is promoter for re-devopment of it is building,in MOFA ACT-1963?,please advise me
Thank you so much sir
Thanku. Subscribe to my channel for even more videos & Share Link : Kishor Kanade/9619335130
sir, My maintenance charges are pending But the affairs of the society are questionable. They are asking me to increase my maintenance cost by charging interest. I have been asking them for my ledger since 2 months but they are not providing the ledger. are talking We will give the account only if you pay all the money first. What action can May take on it?
Sir would appreciate if you spoke in English as not all understand high Hindi. It's very informative issue. please oblige.tku
The Everard Towers CHSL Managing Committee had filed a case u/s 101 in 2014 for Dues since 2006, AND it was acceted by the Dy. Registrar 'L' Ward, AND an order passed in Societies favour, What action can I take ?
sir if society chairman and secertary is solving the problem as well not attending meeting then what are the solution and penalty for them
what to be done if 7 years maintenance recovered?
i challenge through aaple sarkar but agian mark to deputy registar!!!
Sir if a Association /society was registered in 1993 and not renewal till today what we do for its renewal please guide
Has the question about limitation been settled by the Hon High court? Or is the case still going on? Your video is an old one, hence requesting latest information
What is your fees
सर, आपके अपील का क्या हुआ? जिसमें 3 साल वाला मामला था।
I am Shahid Ayyubi, member of cooperative housing society, I am paying maintenance of my flate regularly, but Chairman/Secretary/Treasurer not issue receipts of maintenance since last many years. After repeated reminder I have not receive receipts till date. What should I do in this regard. Plz guide, thanks
call me 9619335130
If society has paid some money for individual water connection and now society has to recover the same,
Instead recovering society can bear all expenses,
Society has fund also
Advocate Shri Vinod Sampat , With due respect to you and to your profession I have to say the following :
a. I am addarent viewer of your videos uploaded by this channel. They are very informative, especially to
to the management of the Society. I am the Secretary to 170 member CH society.
b. Knowing the meaning and importance of " Monthly Maintenance ", how could you support a defaulter?
c. My opinion is that -Your video should have ended advocating the payment of Society dues by members.
Advocates like Shri Vinod Sampat come into picture only when the housing association (be it Governing Body or General Body) starts practicing illogical, biased enforcement through bye-law amenable to the likes of the majority. In my case, the association applied for approval with the bye-law saying maintenance charges for common services (like water, common electricity, club facilities/pool/gym, security and staff salaries) that are enjoyed equally by all members will be shared equally. After getting the approval from the Registrar, the governing body called for a special General Body meeting and amended the bye-law (by voting) to charge maintenance charges based on built-up area, irrespective of whether they are common services enjoyed equally by all, or services that depend on per sq ft of the unit. My unit size is larger than rest of the units, and I am being charged Rs 3000 more than others. And to this added, the Government's GST, I will be paying almost Rs 5000 more than rest of the members each month. This is a nice and informative video that should be seen by all vulnerable owners that fall in the minority side.
Vijay Rao ji
Aap dil par hath rakh kar bolo ki cooperative society apne rewasiyo se utna hi paisa leti hai jitna kharch hota hai. Ya society ke so called president and their group members badha chadha kar kharcha batate hai aur bacha hua paisa pharji bill banaake hajam kar jate hai.
Kai society me president aur unke chamcho ne is maintainance se hone wali kamai ko govt job man kar hajam kar rahe hai. Aur kai me toh wo sudh gunda gardi par utaru ho jate hai jo unke against jata hai.
Mujhe bataiye kai colonies me 500 houses hote hai aur approx 2000₹ per house se har Mahoney lete hai.
Mean
500*2000=10lakh per month
Aur maintenance ke naam par do security guard aur pani ki motor ka bill hota hai.
So approx bade aaram se colony me 1 lakh per month se jyada kharch nahi hota .
Aur bacha hua paisa wo FD karne ke naam par bank me dalte hai aur jaise hi mauka lagta hai usme pharji bill banakar paise khalete hai.
This housing society act bana hi hai aam rehwasiyo ko lootne ke liye.
Absolutely right
@@akkikumar5309 ""So approx bade aaram se colony me 1 lakh per month se jyada kharch nahi hota "" .Lagta hay 500 ghar juggi zhopadi haye.?Ap ke duniya may apko chod kar, baki sab CHOOR haye kaya?😁😁
@@payalrathore2209 👎
If a society refuses to accept maintenance amount can a member put the maintenance amount into a ESCRO account till such time the society accepts it ???
Nice
Sir hamari society ke secretary hai bat ke liye palenty lagata hai
Sir, we are living at Kalyan in ill legal building from 30 year there are 47 flats ,now in the year 2017 building people's made co op socities from contribution more than actual expenses ( rishwat de Kar society banayi) I objected against socity members and stop to pay my maintainance charge.let me know why housing society registrar gives registration certificate for I'll legal building ?
Ever heard of 'UNDER the Table' ? ?
Tujhe society se kya problem hai
Sir after covid can society change the interest please suggest after job loss???
*charge
Agar society parking mai petrol chori ya gadi ki koi damage ho to society responsible hoti hai???
Sir punjab societyy
Dear Sir, greetings from Pune. Your guide lines very helpful. But will U please post order of the DDR which was in favour of the member, where dues beyond 3 years can not be claimed.Thanks.
वरील कायद्या प्रमाणे १०१ वसुली दाखला प्राप्त झाला नाही ( निबंधकाने फेटाळला ) तर सोसायटीला ९१ प्रमाणे सहकारी कोर्टात त्या सभासदा विरुद्ध जाता येईल का ?
No, file Revision Application before DDR or Govt, as the case may be.
what should we do if we are the defaulters for not paying society maintenance because the society is asking a lot of money. In my society they are asking us to pay 22 Lacs including the interest and we can't pay that much amount as Our Annual Income is very less. Also we were not using the flat since we bought it. We started using it since 3 years but we were paying the maintenance Since we bought the flat. The only thing was we stoped paying maintenance Since 3-4 years before shifting here. But when we shifted here, the society committee members asked us to pay 14 lacs but were not able to pay that amount so we continued paying the current maintenance on regular basis and Now it's been 3 years after we shifted here and now they are asking us to pay 22 lacs. And they are sending notices that they will cut our water supply if we won't pay that much amount.And No one was using this flat before we shifted here. Sir what are we supposed to do? please reply ????
Sir please reply😐
They can not cut water supply, it is illegal
@@knowyourlaw6393 But how come the maintenance Became 21 lacs??? Last year it was 14 lacs. Is there any legal way to reduce it? Any procedure?
It is not humanity to make such inhuman laws to maintainance should be optional not compulsory . Because if someone is unable to pay then one day law will through you out from your purchased hard earned property. And societies builder ke muh me khoon lag chuka hai paise khane ka aur maintainance se aye paiso ko ulte seedhe kamo me lagate hai. Society ke log jinme bandar baat hai wo maintenance ka charge badhate hi jate hai. It's is a legal robery.
@@akkikumar5309 It was 21 lacs when I 1st commented Now In a couple of months It has become 26 lacs. Our advocate and all the advocates are saying that they are right.
Nice,
Where we can ask for justice ???
Only GOD Can and Will give. JUSTICE !
does 154 B 29 also have a time limitation?
The provisions of LA 1963 applies for proceedings under section 154B29.
However, the provisions of LA 1963 do not apply for disputes u/s 91 r/w 92 for disputes before Cooperative Court.
I faced parking problem in my society
Advocate Vinod Sampatji,
You are requested to please refer to your own guidelines on the subject matter "Rights & Remedies of Co-Operative Housing Society issue" published on Nov 27,2013 on TH-cam. You have guided to remain silent as the defaulter is a greater investment other than any other agency in our country.
Please recommend the books for Housing Society laws and whole with the article details . Need help
Agar limitation applicable hogaya to 25 years ka due only 3 years ka hi mile ga’ phir kaun hai jo regular maintenance pay karega , everyone will pay for three years due of 20 years .
Limitation act unke liye hai jo society sahi time par member me khilaf action le magar society ne limit ke under na rahete huwe kabhi bhi jakar mukadma dayer nahi kar sakti hai
Sir please share mob no Adv Vinod Sampat sir
लिमिटेशंस लो बहुत जनरल है और उसकी कालावधी 3 साल जितनी कम मर्यादा की हो यह बिल्कुल ठीक नहीं ।
डिफॉल्टर लोग हमेशा ऐसे कानूनों का फायदा लेने के प्रयास में लेते हैं ऑल फायदा लेकर भाग जाते हैं ।
Then you go for amendment of the law.
Hello Sir, My deceased father was the member of the HSG society having a kirana shop,There is pending maintenance dues to tune of more than 4lacs of past 6 to 8 years, my father expired, I have applied for membership as an Administrator, do I have to pay the due, if yes then how much. Kindly advice. I know Sir you are very busy but kindly help me resolve this as early as possible. Appreciate your help. Thank you.
Is dues pending under disputes?
If dispute is not pending and period prescribed in S.92 lapses, society can not recover dues.
I invite all to PETS HSG. CO-OPERATIVE SOCIETY, CITY CENTRE, DURGAPUR - 713 216, West Burdwan, West Bengal, to observe the kind of atrocities done by TARUN KANTI DE, Secretary, against members of the Society and the way he misappropriates Society's funds. His attitude is that of a LAND LORD and the members are his TENANTS. The building seems to be his father's property, members having no say in Society's matter. He has the habit of threatening the members who do not agree to his view point. He is a TALIBAN.
अरे साहब, आप बात गोल मोल कर रहे है बस। नतीजा जीरो है।
3 yrs after death of member.
Why you are supporting who is not paying there dues
society ke khilap kam mat karo....apne phayade ke liye ..society ko mat dubaoo.
society committee are doing illegal activitiesy using their rights!! many compliments are filled regarding internally not clearing the cheques or not providing related documents. so committee members are not loyal workers, hence such option is must!!!
@@LordofKings-Raj : Not paying the monthly maintenance dues or any money as decided by the AGM -- is like a member living in the society on the expenses of other honest members. A shameful act. 2) Any grievance of a member against the Management committee, can be addressed at various platforms available in MCA 1960.
@@GORARAO try to understand.
Is the registar public servants are so loyal
Committee use their powers illegally and members will go to court for justice????
Can government take 100 percent responsibility of smooth working!?
Who follows bye laws?
Can u justify?
These government servants are themselves are corrupted and knowledge less.
Your views i will show u evidence.