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Mumbai: Relief for flat owner who owes society dues of Rs 4.91 lakh

Dy registrar of Co-op Societies observes he was not provided a share certificate; manipulated statements were provided by society with no clarification of details of opening balance, etc

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Rohan and Geeta Kadam, owners of the flat in Empire Residency Co-operative Housing Society Limited, at Andheri

Rohan and Geeta Kadam, owners of the flat in Empire Residency Co-operative Housing Society Limited, at Andheri

The Deputy Registrar of Cooperative Societies, K/E ward, in a recent, and rare, order, has stalled the recovery proceedings against a flat owner in a housing society, for non-payment of society dues up to R4.91 lakh. Of his many observations, one was that the flat owner was not provided a share certificate, and manipulated/fraudulent statements were provided by the society with no clarification of details of opening balance. Consequently, the Deputy Registrar rejected the society's plea to carry out the recovery proceeding under section 101 of Maharashtra Cooperative Societies Act (MCSA).

The office bearers of M/s Empire Residency Co-operative Housing Society Limited, located in Andheri (E), had approached the Deputy Registrar, and requested recovery proceedings against Rohan Kadam and his mother Geeta, owners of flat no 301, for non-payment of society dues in February 2018.P B Satpute, Deputy Registrar, had heard all the parties concerned between March 2018 and January 24, 2019. In the hearings the society alleged that the said member was not paying the society dues, and had been availing all the facilities within it (lift, parking, water etc); and due to nonpayment of society dues till February 1, 2017, they had to recover R4.91 lakh.

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