Query of Prof. A S Khanna

Read your article on your website. One thing is not clear when we talk about recovery of what dues?

We know there are fixed society dues such as Water, electricity, maintenance repair, security sinking fund and repair fund.

In addition, the society makes lots charges which are decided by MC for their own benefit, their name and several unnecessary things. For example they make wrong penalties without giving any notice, special construction for which they collect money almost 1-2 years ago and enjoy interest earned.

It is however not clear from your article as well from the article of Mr. Rathod whether these additional things which the Registrar has not listed in his requirements are included in the recovery or under 101.

I am a resident at Adityavardhan society, Powai and never missed my basic charges as mentioned above. There is however dispute over wrong and illegal charges and delayed payment over it for three years.

Several letters written to Registrar who is silent on these. Unless he reads this and also takes action on MC.

MC does not give basic facilities to members such as They have kept Share Certificates for three years and not giving it.

I C Naik

As far as Penalty is concerned it is payable if levied in accordance with the following procedure laid down in registered bye-laws of the society namely:

The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/bye-laws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

 For “maintenance and service charges” to which Sec 101 applies are defined under explanation II reproduced below.

Explanation II.—For the purposes of this sub-section the expression “maintenance and service charges” means such charges as are specified in the by-laws of the concerned co-operative housing society.]

Penalties are not included in the “maintenance and service charges” under any bye-law except that a procedure is laid down in aforesaid bye-law.