Mumbai, Jan 20: The Deputy Registrar of Co-operative Societies, Mumbai, has directed nine members of Indraprastha Regency Co-operative Housing Society (CHS), Motilal Nagar, Goregaon (West), to clear long-pending maintenance dues along with applicable interest, holding that the members cannot evade payment after enjoying essential services provided by the society. As per the orders, the total recovery amount awarded to the society stands at Rs 25,40,195.
Use of services despite non-payment
In its order, the Deputy Registrar B S Katare observed that the defaulting members had continued to avail common facilities and essential services such as security, water supply, lift maintenance and other amenities, despite failing to pay monthly maintenance charges.
The authority ruled that payment of maintenance is mandatory for all members, irrespective of disputes, and non-payment amounts to a violation of co-operative society rules.
Of the nine defaulters, two were shop owners while the remaining seven were residential flat holders.
Society’s efforts to recover dues
Advocate Nirmit Shah appeared on behalf of the Indraprastha Regency CHS and submitted that the society had made repeated efforts to recover the outstanding dues before approaching the registrar.
According to the petition filed by the society, the first demand notice was issued on January 1, 2023, followed by reminders on February 3, 2023, and March 8, 2023. The notices repeatedly requested the members to clear their outstanding outgoings and maintenance charges related to their respective properties.
However, despite several reminders, the members failed to make payments, alleging what the society described as frivolous and baseless conditions to avoid clearing the dues.
Legal action and registrar proceedings
The society further stated that due to continued non-payment of monthly maintenance, it was compelled to issue a legal notice to all nine members. As the defaults persisted, the managing committee passed a resolution against the defaulters, which too failed to yield results, leaving the society with no alternative but to initiate proceedings before the Deputy Registrar.
Recoverable amounts specified
The order specifies the recoverable amounts from each defaulter. Shop owner Subhash Khadtare has been directed to pay Rs 4,33,035, while Madanlal Paliwal has been ordered to clear Rs 1,02,620.
Among residential members, Ravishankar Gupta owes Rs 1,67,137, Prakash Shah Rs 2,04,900, Asif Khan Rs 5,64,150, Shudhanshukumar Singh Rs 85,307, Lekha Gupta Rs 6,31,926, Ataur Rehman Rs 1,34,694 and Sheela Yadav Rs 2,16,426.
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Maintenance a collective responsibility
The Deputy Registrar held that continued occupation and use of society services without payment cannot be permitted under the Maharashtra Co-operative Societies Act, and directed the members to clear the dues with interest, reaffirming that maintenance charges are a collective responsibility essential for the functioning of any co-operative housing society.
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