If member fails to pay maintenance society can delay issue of share certificate till society dues are paid
society can take recovery proceedings against defaulter
Does society has right to hold the issuance of shares certificate on account of defaulting the maintenance payment?
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If member fails to pay maintenance society can delay issue of share certificate till society dues are paid
society can take recovery proceedings against defaulter
No
The society has already accepted the person as its member
If there is a default in paying maintenance by the concerned member then nothing precludes the society from taking appropriate steps against such defaulter member
However the share certificate cannot be denied to be issued to that member just on the ground that he has not paid maintenance
Withholding issuance of share certificate is totally illegal where a member has made all payments towards cost of land or plot and construction of house or apartment.
Society can take necessary steps for recovery of maintenance due as per prescribed method only.
Complain to the Registrar of Societies and claim compensation.
Or first issue a legal notice to this effect.
In default take legal action.
- As per Supreme Court, No society is entitled to disconnect or suspend common amenities , and only can issue a legal notice to the defaulter and if he/she does not pay the same, then approach the court for recovering the dues of maintenance.
- Hence, if any flat owner is not paying the maintenance charges, it is open to the association to demand the same from the defaulting member in accordance with law, but cannot refuse to issue of shares certificate.
- You can lodge a complaint before the management of society , and on refusal lodge your complaint before Registrar of Society .
The default in the settlement or payment of maintenance amount will not amount to holding back the share certificate.
You can issue a legal notice demanding the same failing which you may drag the society to the consumer forum for relief and remedy.