• Society refusal to provide the receipts for payments made

Dear all, What action can be taken against a society that is accepting payments from flat owners but has refused to provide the receipts for the same.
I have made a payment to society in December 2016 for maintenance which cover the whole of this year (2017).
The society has not provided the printed receipt. The society has provided a temporary receipt.
Is it legal for the society to behave in this manner?
Please suggest what action should be taken for what is obviously not a legal manner of accounting for the money the society is receiving from the flat owners.
The society is located in Bhivpuri - Karjat.
Asked 8 years ago in Property Law
Religion: Christian

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4 Answers

AGAINST ANY ACTIVITIES OF THE MANAGING cOMMITTEE OF THE SOCIETY WHICH IS NOT ACTING AS PER LAWFUL TERMS OF THE BYE LAWS.

So you can lodge complaint of mismanagement of fund to the registrar of the Society as due to non issuance of receipts there would be every possibility of defalcation of fund.

So on receipt of your complaint the registrar would ask both aprties to appear beofre him and after hearing both of you would pass necessary order.

Non issuance of receipt is serious allegations.

Devajyoti Barman
Advocate, Kolkata
23295 Answers
519 Consultations

If the temporary receipt is valid if the receipt is signed by authorized person (Secretary / treasurer).You will send a notice for getting original receipt from the society. It can be used as a proof in future litigations if arise .

Ajay N S
Advocate, Ernakulam
4096 Answers
113 Consultations

1) society is bound to issue receipts for payments made

2) issue legal notice to society to provide receipts for payment made

3) complain to dy registrar against the society

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

If the society is not issuing a receipt then you may send the money by cheque or bank transfer and create a payment record.

If you suspect embezzlement or misappropriation of funds then in the next general meeting you can raise this issue and seek a remedy or relief to this.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

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