File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Recovery Of Dues By Application To The Registrar Under MCS Act

Sec 154 B (1)
(11) Defaulter means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of payment, whichever is later.

(12) Dues means the amount payable by a Member or flat owner to the society and demanded by the society by issuing bill or notice in writing and such demand is based on the provisions of this Act, rules and bye-laws of the society.

Section: 154B-29
Recovery of certain sums and arrears due to housing societies as arrears of land revenue.

Section 154B-29 (1): Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a housing society for the recovery of its dues or for the recovery of its repairs and maintenance, construction cost and service charges, and on the housing society concerned furnishing a statement of accounts and any other documents as may be prescribed, in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears.

Explanation: For the purposes of this sub-section, the expression "repairs and maintenance and service charges" means such charges as are so specified in the by-laws of the concerned housing society.

Section 154B-29 (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, on his motion, after making such inquiries as he deems fit, 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.

Section 154B-29 (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, as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any court

Section 154B-29 (4): It shall be lawful for the Collector and the Registrar to take precautionary measures in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 or any law or provisions corresponding thereto for the time being in force, until the arrears due to the concerned society, together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.

Procedure to be followed for recovery under MCS Act:
  1. The society has to give a notice (1 plus 2 Reminders) to the defaulter member, giving him an opportunity to make payment of dues (including up to 21% interest)
  2. Issue a notice for payment of dues (including up to 21% interest or any lower % fixed in AGM) to the defaulter, with a warning therein that on failure to make payment of the same, an application would be made to the Deputy Registrar under section 154(b)29 of MCS Act, for recovery of the outstanding dues.
  3. Pass the resolution to recover the dues in the Managing Committee Meeting and initiate actions u/s 154B-29.
  4. Issue a final notice (send bill ) to the defaulter, indicating that failure to make payment would invite actions under Section 154(b)-29
  5. If member has not settled, with in time period specified, the overdues after issuing the final notice, apply to the Deputy Registrar (of your range) for initiating the recovery of dues.
  6. Pay the prescribed fee (Rs 15 to Rs. 1000 max) through a challan payable at the RBI.
  7. The Deputy Registrar would issue a Recovery Certificate for the amount due, after making a hearing and a summary inquiry on the basis of the affidavits filed by the disputant and the respondent.
  8. On receipt of the Recovery Certificate, the Recovery Officer shall prepare demand notice for being sent to the Sale-Officer for attaching the movable property of the member concerned.
  9. The Sale Officer, on receipt of recovery paper from the Recovery Officer, shall visit the flat of the member concerned for preparing an inventory of the movable property and handover such list to the member concerned and serve the demand notice on the defaulter member.
  10. If the amount not paid by the member concerned immediately on service of the demand notice, the Sale Officer will seize the movable property (Flat).
  11. Thereafter, the Sale Officer will fix the date, time and place for such auction of the movable property seized and auction out the same and pay the sale proceeds thereof to the Society, in satisfaction of the outstanding dues payable by the defaulting member to the society.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly