Co-operative housing society in Mumbai, Thane, Navi-Mumbai, Pune Property, Co-op, Civil Consumer Law: section 101

A detailed study on the burning issue of time by Adv. R. P. Rathod.

When a society member takes up cudgels against the entire Co-operative Housing Society (CHS), refuses to pay dues and poses a veritable nuisance to other members, you can be assured that the member is capable of going to any extent to ratify his stand, says Adv. R. P. Rathod.

He explains that there are more than 50,000 CHS in the State and on an average; about 20 to 30 per cent of CHS have members who are the usual 'trouble-maker' sort. While the degree of trouble they can cause varies from society to society, the nature of the scourge is more or less the same. And, what makes matters worse is that there's poor little by way of legal remedy to the issue. Most problems occur when a member refuses to pay up dues; stalls Repair Jobs; entertains anti-social elements that are usually Land-grabbers, files false complains at Police Stations, files frivolous petitions against Co-members and generally stalls regular functioning of the society.

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Section 101 of MCS Act 1960 provides easy route for Recovery of Dues of society says Adv. R. P. Rathod.

The recovery of dues from the defaulting members of any Housing Society is a thorny task when such unashamed members do not co-operate with the Managing Committee of their Society. They enjoy all the facilities under the laws governing the Societies simultaneously by breaking the laws of Society in the matter of timely payment of their monthly dues.

Earlier, the Co-operative Housing Societies used to proceed against the defaulting member for recovery of dues under Section 101 of the MCS Act, 1960 with full-fledged trial in the Co-operative Court with all the ingredients e.g. cross-examination of witnesses, exhibiting the documentary evidences and their interpretations etc.

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