(1)Remedy for reimbursement of expenses from Society; (2)Compounding of interest

Tilak Marg Forum for Legal Questions Forums Others (1)Remedy for reimbursement of expenses from Society; (2)Compounding of interest

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    • #1041

      Dear Sir,
      Our Society is registered in Thane District of Maharashtra and situated in Mulund. We had made an expense for leakage issue in the wall attached to my flat, the society had promised to reimburse the amount of the expenses being spent by us. But since we were unknown of the fact to attain a Letter from the Secretary of the proof that they agree to reimburse the money, we did not have a proof. Since they did not reimburse, We did not pay the amount of maintenance bill for a month; due to which they charged interest claiming the arrears on such non payment. After that they continously charged interest on interest viz. Compound interest on the arrears amount.

      I want to know whether any Cooperative Hsg. Society can charge interest on the interest outstanding along with the original amount. i.e.compounding interest? Since then the maintenance charges are being imposed by society on outstanding maintenance charges. Further, the said charges are arrears+maintenance amount+ interest + interest on (maintenace amount and earlier interest on arrears taken together to calculate new interest). Is is fair? Can my society charge interest this way??

      Also how to come to a Compromise of a particular amount for payment of unpaid maintenance amount?

      Kindly advise to take suitable action accordingly…..

    • #1152

      As per bye-law No. 70 of the Model Bye-laws applicable in Maharashtra, a society can charge only simple interest. This provision is quoted below:

      “70. A Member shall be required to pay simple interest at twenty one percent per
      annum, or, at such lower rate as may be fixed by the General Body, on the
      outstanding dues to the Society, from the date the amount was due as
      prescribed under Bye-law no. 69, till full and final payment by the Member.”

      You may also check the bye-laws of your society in this regard.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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