Ranabir Bose
I am member of a Cooperative Hsg. Society in Navi Mumbai, Maharashtra. My Society has charged me ‘3 times’ the amount that is charged to a Flat exactly half my size under the head of ‘Repairs and Maintenance’. The Society has verbally accepted that it was a mistake but has refused to entertain any request for adjustment of the excess collections in future bills.
My Questions:
1.The excess collection was being done since March 2010 but I came to notice this only on October 2014 and brought it to the notice of the Society.
2.The Society is of the opinion that such claims involving old excess recovery cannot be entertained after almost 5 years..
3.In this case excess amount has been definitely recovered from me since March 2010. Is my claim for a refund or adjustment hit by ‘Laws of Limitation’.
4.If my case is not hit by Limitation, what are my options of seeking redressal.
I C Naik
Your dispute with the Society is covered by following description namely ” Excess Recovery of Dues from the members” listed at item (i) under Part B Cooperative Court under bye law no 175 (Model 2001-9).
The first dispute to be determined is “how much excess charge ” has taken place and when. Since each invoice raised on you is an event period will be counted from each date. For time barring issue Dispute of recovery of amount by a member from Society is a dispute relating to business of the Sociey and is to be raise under Section 92 of the MCS Act before the Cooperative Court. THE TIME LIMIT IS SIX YEARS.
