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Recovery of Dues Under Section 101

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RECOVERY OF DUES UNDER SECTION

101
Outstanding more than 90 days is termed as Default of Payment.
Section 101 of The Maharashtra Co-operative Societies Act, 1960
101. Recovery of arrears due to certain societies as arrears of land revenue.
(1) Notwithstanding anything contained in sections 91, 93 and 98, on an application made by
a resource society undertaking the financing of crop and seasonal finance as defined under
the Bombay Agricultural Debtors Relief Act, 1947, 3[or advancing loans for other
agricultural purposes repayable during a period of not less than eighteen months and not more
than five years for the recovery of arrears of any sum advanced by it to any of its members on
account of the financing of crop or seasonal finance or for other agricultural purposes as
aforesaid or by a crop-protection society for the recovery of the arrears of the initial cost or of
any contribution for obtaining services required for crop-protection society or for the
recovery of the arrears of the initial cost or of any contribution for obtaining services required
for crop protection which may be due from its members or other owners of lands included in
the proposal (who may have refused to become members) or by a lift irrigation society for the
recovery of arrears of any subscription due from its members for obtaining services required
for providing water supply to them, or by a Tulaka or Block level village artisans
multipurpose society advancing loans and arranging for cash credit facilities for artisans for
the recovery of arrears of its dues. or by a co-operative housing society for the recovery of
arrears of its dues, or by a co-operative dairy society advancing loans for the recovery if
arrears of any, sum advanced by it to any of its members or-by an urban co-operative bank
for the recovery of arrears of its dues, or by salary-earners co-operative society for the
recovery of arrears of its dues, or by a fisheries co-operative society for the recovery of
arrears of its dues, or by any such society or class of societies, as the state Government may
from time to time, notify in the official Gazette, for the recovery of any sum advanced to, or
any subscription or any other amount due from, the members of the society or class of
societies so not notified. and on the society concerned furnishing a statement of accounts in
respect of the arrears, the Registrar may, after making the inquiry in such manner as may be
prescribed, grant a certificate for the recovery of the amount stated therein to be due as
arrears. The application for grant of such certificate shall be made in such form and by
following such procedure, accompanied by such fees and documents as may be prescribed.
Explanation - For the purposes of this sub-section, the expression other agricultural
purposes" includes dairy, pisciculture and poultry.
(2) Where the Registrar is satisfied that the concerned society has failed to take action under
the foregoing sub-section in respect of any amount due as arrears, the Registrar may, of his
motion, after making such inquiries as may be prescribed grant a certificate for the recovery
of the amount stated therein to be due as arrears and such a certificate shall be deemed to
have been issued as if on an application made by the society concerned.
(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.

Process of recovery of dues from the defaulter members :-


1) The society has to give a notice to the defaulter member, giving him an opportunity to make
payment of dues, within such period, as the society may allow with a warning therein that on
failure to make payment of the same, an application would be made to the Registrar under
Section 101 of the Maharashtra Co-operative Societies Act, 1960 for recovery of.the
outstanding dues.
2) On failure of the defaulter member to make payment of the outstanding dues, within the
stipulated period, the managing committee has to pass a resolution for taking action under
Section 101 of the Act, authorising the Hon. Secretary / Chairman to sign all the documents
to be submitted to the Registrar and to furnish all information required by the Registrar for
issue of a certificate.
3) The Hort. Secretary / Chairman, has to make an application to the Registrar alongwith such
other documents as are required to be submitted, alongwith the application.
4) On receipt of the application, the Registrar will give hearing to the defaulter member and on
verification of the records, if he is satisfied about the correctness of the outstanding dues, and
after making such enquiries, as he deems fit, a certificate will be issued by him to the society.
5) On receipt of the Certificate alongwith other documents, the Recovery Officer has to prepare
demand notice for being sent to the Sale Officer for distraining the movable property of the
defaulter member.
6) The Sale Officer, on receipt of the recovery papers, has to visit the Flat of the member
concerned for preparing an inventory of the movable property and handover the same to the
member concerned and serve the demand notice on the member.
7) If the amount is not paid forthwith on service of the demand notice, the Sale Officer will
seize the movable property as per the inventory and hand it over to the Chairman / Hon.
Secretary or any other person for safe custody.
8) The Sale Officer will then fix the date, time and place for auction of the movable property
seized and auction out the same and pay the sale proceeds to the society, in satisfaction of the
dues, outstanding with the defaulter member.
9) lf the proceeds of the sale of movable property are found to be not sufficient to cover the
outstanding dues in full, as per certificate, the Sale Officer will proceed against the flat by
arranging auction of the same to recover the balance of the dues.

(On Society Letter Head)


NOTICE
Ref.No.:
Date :
To
(Name & Address of the Member)
Sir / Madam / M/s
_________________________________________________________________ , You are a
member of the _____________________ Co-operative Housing Society Ltd., at ________
_____________________________________ occupying Flat No. ______ , in Building No.
_______ Known as ___________________________ .
1) As a member of the society, you are aware that you have to contribute your share of the
charges of the society as communicated to you from time to time.
2) It is noticed from the records of the society that your share of the charges, including
contribution to the Sinking Fund, repayment of Loan with interest, Repairs fund, Major
Repairing charges for the building and all other charges as decided by the A.G.M. is
amounting to Rs. ____________________ as on __________ .
3) Inspite of repeated requests made to you orally and in writing you have failed and neglected
to pay your share of outgoings and charges of the society. So by this notice, you are once
again requested to pay the amount mentioned in para 2 of this notice within 15 days from the
date of service of this notice.
If you fail to pay the amount mentioned in para 2 within the period stated above, the society
will be constrained to apply to the Deputy / Assistant Registrar, Co-operative Societies for
issue of Certificate u/s 101 (1) of the Maharashtra Co-operative Societies Act; 1960, for
recovery of dues as arrears of Land Revenue. A copy of this notice has separately been
endorsed to Shri / Shrimati / M/s. _____________________________________ who is / are
joint / associate member with you.
Yours faithfully,

Chairman / Hon. Secretary

Copy forwarded with compliments to Shri / Shrirnati / M/s


_________________________________
Shri / Shrimati / M/s. ________________________________________ Joint / Associate
Member with the principal member referred to above, should note that they are jointly and
severally liable to pay the dues of the society.
Yours faithfully,

Chairman / Hon. Secretary


(On Society Letter Head)
RESOLUTION
The Meeting of the managing committee of the ___________________________ Co-
operative Housing Society Ltd. was held on _________ .
A true copy of the resolution passed at the said meeting.
Subject No.______
To consider the matter of recovery of dues from Shri / Smt / M/s
_____________________________ a member / occupant of the society, in accordance with
the provisions contained in Sec. 101 of the Maharashtra Co-operative Societies Act, 1960 and
issue of recovery certificate by the Assistant / Deputy Registrar, C. S. __________________
RESOLUTION NO. ______
The Hon. Secretary Shri ___________________________________ of the society placed
detailed facts before the managing committee.
The society has allotted Flat No. _______ to Shri / Smt / M/s
_______________________________ member / joint member, for the purpose of residence
/ office / shop etc.
The society administers the property in its possession situated at City Survey No.
_______________ This includes collection of taxes and payment thereof to the authorities
concerned, collection of contribution from the members towards the funds established by the
society, maintenance of the property in good and repairable condition, which includes supply
of water, electricity water storage tanks, open ground, repairs to the property as and when
required etc. This has been specifically provided under by-law No. __________ . The society
carries on the general administration of the society in accordance with the provisions of the
Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Rules
1961 and its registered bye-laws. This includes admission of persons to membership, transfer
of shares and interest in the flat of the members, recording of nominations, apportion of the
charges of the society amongst the members, to issue notice to the members for payment of
charges of the society and other incidental matters.
By virtue of the functions stated in the above paragraph the society is responsible to collect
contribution from the members towards the payments to be made by the society and or
establishment of its funds, which includes following items and the said itemwise amounts are
noted below. (a) Property taxes (b) Water charges (c) Common electricity charges (d)
Contribution to repairs the lifts (f) Contribution to the sinking fund (g) Service charges (h)
Car parking charges (i) interest on the defaulted charges (j) Repayment of the installment of
the loan and interest (k) Non-occupancy charges (l) Insurance charges (m) Lease rent (n)
Non-agricultural tax (o) Any other charges (p) Non-agricultural license fee.
The proportion of sharing of the charges of the society under the various heads was decided
in the meeting of the general body / managing committee, held on ___________ .
A certified copy of the said resolution is enclosed.
The amount of charges of the society, as on the date of this application, as per records of the
society, is Rs. __________________ . The item wise details are as follows.
___________________________________________________________________________
______
Sr.No. Item Amount Due Remarks
___________________________________________________________________________
______

___________________________________________________________________________
______
The member (non-applicant occupant) had been and is irregular in making payment of the
society. The society repeatedly orally requested the member (non applicant) to make payment
of the societys charges. The society also sent notice to the non-applicant member in writing,
to make payment of the societys charges defaulted by him. However the opponent failed to
make payment of society's charges. So one more notice should be sent to the non-applicant
(member) demanding payment of the amount due from him and if the member fails to make
payment of the charges according to the notice, an applications should be made to the Deputy
Registrar / Assistant Registrar, CS. _________ for issue of Recovery Certificate u/s 101 of
the Maharashtra Co-operative Societies Act, 1960. While making an application for issue of
recovery certificate for the recovery of the amount along with interest charges at the rate of
_____ percent as provided under bye-law No. _______ and all expenses towards recovery as
per application, be recovered from the opponent (member). The total amount due for
recovery should be treated as arrears of land revenue and recover by attachment / sale of the
movable and immovable property of the member and should be requested to pass appropriate
orders for the execution of the recovery certificate through the Special Recovery Office /
Officer of the Co-operative Department.
The Chairman / Hon.Secretary Shri. ______________________________________ of the
society are / is hereby authorised to do everything in regard to the application to be made in
this behalf. Further, by this resolution, they are authorised to remain present during the course
of enquiry of this application, to take part in proceedings, to make arrangement to appoint
Advocate etc.
Proposed by _______________________________
Seconded by _______________________________
Resolution passed unanimously / by majority.

(On Society Letter Head)


FINAL NOTICE
Ref.No.:
Date :
To
(Name & Address of the Member)
Sir / Madam / Shri / Shrimati / M/s.
____________________________________________________
You are a member / occupant of the _____________________ Co-operative Housing Society
Ltd., at ________ _____________________________________ occupying Flat No. ______ ,
in Building No. _______ Known as ___________________________ .
1) As a member / occupant of the society, you are aware that you have to contribute your share
of the charges of the society as communicated to you from time to time.
2) It is noticed from the records of the society that you have defaulted payment of your share of
charges amounting to Rs. ____________________ as on __________ .
3) Inspite of repeated requests made to you orally and in writing under letters Dtd. __________
, you have failed and neglected to pay your share of charges of the society. By notice Dtd.
_______ you were further informed that if you fail to pay the amount by the period
mentioned therein, the society would be constrained to apply to the Deputy / Assistant
Registrar, C.S. ____________ for issue of recovery certificate u/s 101 of the Maharashtra co-
operative Societies Act, 1960 for recovery of dues of the society. Even then you have not
paid the dues of the society.
4) This was considered in the managing committee meeting of the society held on
___________ and it was decided that one more notice should be issued to you, calling upon
you to make payment of dues of the society and on failure to do so, an application should be
made to the Deputy / Assistant Registrar, C.S.________________ for issue of recovery
certificate u/s 101 of the Maharashtra Co-operative Societies Act, 1960 for recovery of dues,
as arrears of land revenue. Under the said resolution I have been authorised to initiate further
action. Accordingly, this Final Notice is issued to you and you are called upon to pay the
dues of the society amounting to Rs. ________________ on or before ____________ failing
which action for recovery of dues as stated above would be initiated.

Yours faithfully,

Chairman / Hon. Secretary


Application to be made by a Co-operative Housing Society for
issue of a Recovery Certificate for recovery of charges of the
society
u/s 101 of Maharashtra Co-operative Societies Act, 1960
Before Deputy / Assistant Registrar C.S.
Court Fee Stamp to be affixed.
Upto 1,000 Rs.100/-
1,001 to 5,000 1% of the dues
5,001 to 1,00,000 Rs.100 + 1% of the dues
Exceeding Rs.1,00,000 Rs.1,000 + 0.5% of the dues
over Rs.1,00,000

_________________ Co-operative Housing Society Ltd.


______________________________________________ Applicant
______________________________________________

Shri / Smt. / M/s. ________________________________


______________________________________________ Opponent
______________________________________________

Amount due for recovery Rs.


_________________________________________________________
Shri / Smt. _________________________________________ Chairman / Secretary of the
_______________________ Housing Society Ltd. states as under :
1. __________________________ Co-op. Housing Society Ltd.
___________________ is a C0-op. Housing Society registered under the Maharashtra
Cooperative Societies Act, 1960.
2. The opponent is a member / nominal member / occupant of the society in
respect of the Flat No. _________ in the Building named / numbered ______________
in possession of the society. The Opponent is the Joint / Associate member / occupant
of the society, holding shares and Flat No. _________ in the building named /
numbered as ____________ and in possession of the society, jointly with Shri / Smt.
___________________________________ who is a member of the society.
3. The society administers the property in its possession at city survey No.
_________ which includes collection of taxes and payment thereof to the authorities
concerned, collection of contribution from the members / nominal members towards
the funds established by the society, maintenance of the property in good condition
including water supply, electricity supply, water storage tanks, open ground repairs of
the property as and when necessary. A specific provision has been made in this behalf
in bye-law No. ___________ of the Society.
4. The managing committee of the society carries on the general administration
of the society, in accordance with the provisions of the Maharashtra Co-operative
Societies Act, 1960, Maharashtra Co-operative Societies Rules 1961 and its registered
bye-laws. This includes admission of persons to membership, transfer of shares and
interest in the flat of members, recording of nominations, apportionment of charges of
the society amongst members, issue of notice to members for payment of charges of
the society and other incidental matters.
5. By virtue of the functions enumerated in Clauses 3 & 4 of this application, it is
the responsibility of the society to collect contribution from members and includes the
following items. The item wise amounts are mentioned below. (a) Property taxes (b)
Water charges (c) Common electricity charges (d) Contribution to Repairs &
Maintenance Fund (e} Expenses on repairs and maintenance of lifts including charges
for running the lifts (f) Contribution to the sinking fund (g) Service charges (h) Car
parking charges (i} interest on the defaulted charges (j) Repayment of the installment
of the loan and interest (k) Non-occupancy charges (l) Insurance charges (m) Lease
rent (n) Non-agricultural tax (o) Any other charges (p) Non- agricultural license fee.
___________________________________________________________________________
______
Sr.No. Item Amount (Monthly / Quarterly)
___________________________________________________________________________
______

___________________________________________________________________________
______
6. The proportion of the charges of the society under the various heads detailed
in clause 5 was decided in the meeting of the general body / managing committee, held
on ______________
A certified copy of the resolution of the said meeting is enclosed.
7. The amount of charges, as on the date of this application and as per records of
the society is Rs. ______________ . The item wise details are as given below.
___________________________________________________________________________
______
Sr.No. Item Amount Due
___________________________________________________________________________
______

___________________________________________________________________________
______
The non applicant (opponent) has been and is irregular in making payment of the charges of
the society. The society repeatedly orally requested the opponent to make payment of the
societys charges. The society also sent notices to the opponent in writing to make payment
of the societys charges defaulted by him. However, opponent did not respond and failed to
make payment of the societys charges, which have now accumulated to
Rs.__________________ as mentioned in clause 7 of this application.
8. This matter was discussed in the meeting of the managing committee held on
____________ and it was decided that a notice should be sent once again to the
opponent demanding payment of the amount due and authorised the Chairman / Hon.
Secretary of the society to make an application for issue of recovery certificate under
Section 101 of the Maharashtra Co-operative Societies Act, 1960, to the Deputy /
Assistant Registrar, C.S. ______________ on failure of the opponent to honor the
notice.
9. In pursuance of the above decision of the managing Committee, a notice Dtd.
__________ was sent to the opponent by registered post (A.D.) demanding the amount
due to the society from the opponent but the opponent failed to avail of the opportunity
given to him to make payment of the amount due by him to the society. The society
therefore had no alternative than to make the application for issue of a recovery
certificate under Sec.101 of the Maharashtra Co-operative Societies Act, 1960 against
the Opponent.
10. The applicant society prays that the necessary certificate be issued u/s 101 of
the Maharashtra Co-operative Societies Act, 1960 against the opponent for recovery of
Rs. _______________.
(a) The recovery certificate should contain an order for recovery of interest from the opponent
member at the rate provided under the bye-laws, on the above mentioned amount, till the
recovery of the amount.
(b) It should be ordered that the amount spent by the society for this application should be
recovered from the opponent.
(c) It should be ordered that the amount due for recovery from the opponent member should be
recovered as Arrears of Land Revenue under Maharashtra Land Revenue code 1966.
(d) The recovery certificate issued for the recovery of the above mentioned amount from the
Opponent should be executed through the Special Recovery officer of the Co-operative
Department, by attachment and sale of movable and / or immovable property of the opponent.
The applicant solemnly declares that the information given in this application is true and
correct as per records of the society. The applicant further solemnly declares that the society
shall furnish such further information as is necessary in support of the claim made in this
application.

Chairman / Hon. Secretary


True copies of the following documents are enclosed with this application.
1. Two copies of application. One copy may be sent to the Opponent;
2. A copy of the resolution of the general body meeting / managing committee meeting of the
society in which the proportion of the charges of the society of each member under the
various heads, including service charges, was decided;
3. A copy of the resolution passed by the managing committee in its meeting held on ________
authorising the Chairman / Hon. Secretary to take action under section 101 of the
Maharashtra Co-operative Societies Act, 1960;
4. An extract of the ledger account of Shri / Smt. / M/s. _______________________________
pertaining to the charges due from the member;
5. A copy of acknowledgement of Shri / Smt. / M/s.
___________________________________ regarding receipt of notice;
6. Other necessary documents.
(On Society Letter Head)
Ref.No.:
Date :
To
The Deputy / Assistant Registrar,
C. S. ______________________
Dear Sir,
Subject : Remittance of Enquiry fee into Govt. Treasury, Submission of challan therefor.
We request reference to the subject mentioned above.
The society has made an application to your office on ________ for issue of Recovery
Certificate under Sec.101 of the Maharashtra Co-operative Societies Act, 1960 against Shri /
Smt. / M/'s. ____________________________________________
As advised by you under your letter No. ________________ dated ___________ the society
has remitted on _____________ Rs. __________ in to the Govt. Treasury. The receipted
challan in original is enclosed herewith. We request you to serve notices immediately to all
the parties, means applicant and opponents, for hearing of the application.
We request on behalf of our society, to hand over to us the copies of all notices to be served
on the Opponents, as provided under Rule 78 of the Maharashtra Co-operative Societies
Rules 1961. We shall serve the said notices on the opponents and produce acknowledgements
therefor in your office at the time of hearing.
Yours faithfully,

Chairman / Hon. Secretary


ENQUIRY FEES (RBI CHALLAN)
Upto 1000 5.5%
1001 to 2000 4.5%
2001 to 5000 3.5%
5001 & above 3%
Subject to Minimum Rs.30 and Maximum Rs.500
HEAD OF ACCOUNT
0245 Co-operation
Recovery of dues
800 other receipts
Code No. 04250036
Challan with Cash is to be submitted to RBI.

Posted by Nitin Rane at 5:59 PM


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Labels: CHS

16 comments:

1.

sandeepJuly 8, 2016 at 9:18 PM

One of the member in our society was defaulter from 2001. From Jan 2011 he start
paying the only monthly maintenance amount means for Jan 2011 maintenance bill.in
which account society will deduct from principle amount or from interest. Now if society
file a case against this member society is liable for only last 5 years means from Jun
2011. Now my first question is if the society deduct is paid amount from interest then
now society will get last 5 years principle amount + last 5 years interest on principle
amount?
If that defaulter member paid monthly maintenance principle amount from past 5 years
then society will get nothing?
Reply
Replies

1.
Nitin RaneJuly 9, 2016 at 11:33 AM
Outstanding more than 90 days is termed as Default of Payment.
Society should act at the earliest. (2001) 15 years is too much.

Accounting Principle "First In, First Out" should be followed.

Get professional help.


2.

amitNovember 15, 2016 at 4:16 PM

But if society not distributed monthly bill from last 5 yrs and now directly
giving 5yrs bill with ledger. In that ledger showing 1st date of each
month they distributed bill but not received any bill to member. when
member asking pls provide bill office copy of each month they are
saying we will not provide any bill. first pay all maintainance with intrest.
Current bill checque also not accepting.

3.

UnknownApril 5, 2017 at 6:26 PM

Hi Nitin,

I got your email address from


http://nitinprane.blogspot.in/2011/08/recovery-of-dues-us-101.html blog
and i thought of asking you some important questions about my issue
with the society.

My society has some selected members who run the the co-operative
society and they select chairman and secretory among themselves
without letting the election officer know the election process. And no
election has happened under the co-operative society's registrars
acknowledgement of the Election inspectors observance and till now
whatever money they collected in the society funds should stand illegal.
They increased the maintenance fees and though I objected for that one
member who is not actually on a body said majority wins and there were
only 7 members out of 35 homes. So as a result I asked them the tally
for so many years as they said society is in debt of 4 lacs and we have
to recover that money from members maintenance now. They did not
give any answers so I stopped paying maintenance as I found it illegal
to pay the money.

I did an appeal after that to registrar office also got RTI answers for the
accounts not submitted to the registrar accounts departments for many
years and the elections were done without inspector presence. So after
that they issued the notice on society's letter head and I had also sent a
notice from my advocate and to which I also emailed to the appointed
manger's email address but there was no response.

And when my advocate went to the co-operative court they refused to


take out a notice to teh society as they said I did not answer and was
presented for the hearing but I never got any notice from the Registrar
and I told to my advocate so she said there might me a possibility that
they will send an order for recovery of my movable items.

So I asked my advocate how can the registrar could directly issue a


notice when we had answered to their notice with our notice and when
there was no hearing or no notices I got from the court, except the one
on society's letter head and not the above letters you have shown above
. So She said they can do it.

I think my advocate is not wise enough to tackle the situations. Could


you please suggest me the ways to fight.
Reply
2.

AnonymousAugust 4, 2016 at 6:43 PM

Can Society recover penalties imposed arbitrary on member (not the maintenance, tax
or regular service charges) under sec 101
Reply
3.

AnonymousOctober 24, 2016 at 12:33 PM

Dear Sir,

What if defaulter member refused to accept Notice issued to him under section 101,
he also refuse to accept register letter send to him by Post. Can we post our letter
under Book post ? but in that case we will not get any acknowledgement from him, will
this notice send through normal post would be treated as valid Notice ? Kindly guide
Reply

4.

Nitin RaneOctober 24, 2016 at 4:17 PM


Notices to be sent by registered A.D. If member refuses to accept it, it will return to
society office. Make records. It is to be put before registrar alongwith application for
recovery under Section 101.
Get professional help.
Reply

5.

Umesh MungekarOctober 25, 2016 at 6:50 PM

Hello SIr,

Can you suggest me how to calculate penalty on outstanding amount with rate of
18%? As per by lows only. plz explain with one example.
Reply
Replies
1.
Nitin RaneOctober 25, 2016 at 7:42 PM
Please refer following example. Tried to explain it. Please give me your
e-mail address, I will send excel sheet. If you provide me your details,
excel can be prepared accordingly. NOTE - 1) Interest on Interest not
chargeable. 2) First IN, First OUT.

Month-1
a) Outstanding Maintenance = 0,
b) Outstanding Interest = 0,
c) Interest for the Month = 0,
d) Maintenance for the Month = 5000,
e) Total Maintenance = 5000,
f) Total Interest = 0,
g) Total Payable = 5000,
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 5000,
l) Interest Outstanding = 0

Month-2
a) Outstanding Maintenance = 5000, , [k above]
b) Outstanding Interest = 0, [l above]
c) Interest for the Month = 75, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 10000, [a+d]
f) Total Interest = 75, [b+c]
g) Total Payable = 10075, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 10000, [e-j]
l) Interest Outstanding = 75 [f-i]

Month-3
a) Outstanding Maintenance = 10000, [k above]
b) Outstanding Interest = 75, [l above]
c) Interest for the Month = 150, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 15000, [a+d]
f) Total Interest = 225, [b+c]
g) Total Payable = 15225, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 15000, [e-j]
l) Interest Outstanding = 225 [f-i]

Month-4
a) Outstanding Maintenance = 15000, [k above]
b) Outstanding Interest = 225, [l above]
c) Interest for the Month = 225, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 20000, [a+d]
f) Total Interest = 450, [b+c]
g) Total Payable = 20450, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 20000, [e-j]
l) Interest Outstanding = 450 [f-i]

Month-5
a) Outstanding Maintenance = 20000, [k above]
b) Outstanding Interest = 450, [l above]
c) Interest for the Month = 300, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 25000, [a+d]
f) Total Interest = 750, [b+c]
g) Total Payable = 25750, [e+f]
h) Received from Member = 10675,
i) Interest Received = 675,
j) Maintenance Received = 10000,
k) Maintenance Outstanding = 15000, [e-j]
l) Interest Outstanding = 75 [f-i]

Month-6
a) Outstanding Maintenance = 15000, [k above]
b) Outstanding Interest = 75, [l above]
c) Interest for the Month = 225, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 20000, [a+d]
f) Total Interest = 300, [b+c]
g) Total Payable = 20300, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 20000, [e-j]
l) Interest Outstanding = 300 [f-i]

2.

Sunil SalviSeptember 13, 2017 at 3:13 PM

Nitinji
Please send me this interest calculation excel sheet.
sunil.salvi007@gmail.com
Reply
6.

SiddheshNovember 20, 2016 at 12:04 AM

What is the validity period of recovery certificate


Reply
7.

AnonymousJanuary 3, 2017 at 3:36 PM

Dear Sir,
We have four defaulters in our society which is more than ~4 Lakhs Rs.
Can we cut their common water supply and install one water line? So that they can
take water as that is essential service. Is it illegal?

Reply
8.

AnonymousJanuary 16, 2017 at 8:16 PM

Dear sir
Is any disputed penalty amount recoverable under 101
Reply

9.

ArunFebruary 16, 2017 at 3:30 PM

Dear Sir,
The society had issued me recovery notice u/s 101 for legal charges levied by society
for deemed conveyance amounting to Rs. 5000+3000=8000 (First it was only 5000
later they included 3000 more) as i am aware that our property is situated in ND zone
and even the 7/12 extracts is also not separate then its not possible to go for deemed
conveyance hence i am not paying the legal charges as i am seeking their assurance
in this regard.

now they are serving me this notice stating i am in default of maintainance charges.
My query is wheather they are authorised to issue notice on Legal charges arrears u/s
101 because i am regularly paying my maintainance charges by excluding the legal
charges.
Reply

10.

Shweta DhasmanaApril 16, 2017 at 8:15 AM

Hi sir ,
I purchased the flat on resale in august 2013 , at that time the society was not formed
and I was issued noc by builder , the noc only says we have no objection to sale
subject to dues paid by seller and does not mention any dues outstanding . Later
when society was formed I was informed that dues are outstanding for a period when I
was not the owner . I informed the society of the same and gave them whereabouts of
the previous seller but no action was taken from the society . Now society has put me
under defaulters list and asking me to pay dues and interest . Does the society have
any right to do so ? What recourse do I have with the society

Reply

11.

Anant ZepleAugust 28, 2017 at 4:24 PM

Hi Sir,
One member purchase room in underdevelopment society in 1999. That time he
purchase a one room from society in that he has given only 75% amount to society,
they told to society he given 25% amount after share certificate time. Society agree
and society given his share certificate, but till date he not given this amount to society.
after 2015 society also redevelop and that time builder given some amount to society
for distribution to members. Society not distributed this till completion of project. after
competition of product society distributed these amount to all the members equally
instead of this members. Society deducted pending amount from this amount. My
question is society doing is correctly or society has give full amount to him. Because
this amount receive as a corpus fund from the builder? Please give your suggestion on
it.
Reply

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