Query from Jayashri Gijare

I am living in Maharashtra Pune. I have already paid all maintenance charges to society. Before three years four flutes were broken Society has watchman No action was taken against watchman but CCTV contribution was demanded. As we were sufferer we demanded to remove watchman. Without listening our demand they forced to pay. We refused to do that. They registered our case under 101Act. Without listing anything from our side Registrar closed our case Is there any chance to appeal? Please guide

I C Naik

Let me re-state your question.

Three years ago four flutes flats were broken despite the presence of watchman and CCTV installation. Watchman was let go unpunished. Demand of CCTV contribution was also continued. You demanded removal of watchman which the Society ignored. You stopped payments to the Society. The Society successfully invoked Provisions of Section 101 and the Registrar slapped adverse order.

Can the Registrar‘s order be challenged?

 Sub-section (3) of Section 101 has two provisions (a) unfavorable and (b) favorable as under.

1. 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.

1. 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.

Let’s understand favorable one.

Section 154 – Revisionary powers of State Government and Registrar

 Sub-section (1) has two parts

( a) The State Government or the Registrar, suo motu  or on an application, may call for and examine the record of any inquiry or proceedings of any matter, other than those referred to in sub -section ( 9) of section 149*, where any decision or order has been passed by any sub ordinate officer, and no appeal lies against such decision or order for the purpose of satisfying themselves as to the legality or propriety of any such decision or order, and as to the regularity of such process dings.

(* ) Which can be Appealed against in Cooperative Appellate Court.

(b) If in any case, it appears to the State Government, or the Registrar, that any decision or order so called for should be modified, annulled or reversed, the State Government or the Registrar, as the case may be, may, after giving the person affected thereby an opportunity of being heard, pass such orders thereon as to it or him may seem just.

2[(2A) No application for revision shall be entertained against the recovery certificate  issued by the Registrar under section 101, or certificate issued by Liquidator under section 105 unless the applicant deposits with the  concerned society, fifty per cent. amount of the total amount of recoverable dues.

( 3) No application for revision sh all be entertained, if made after two months of the date of communication of the decision or order. The revisional authority may entertain any such application made after such period, if the applicant satisfies it that he had sufficient cause for not making the application within such period.

“Provided that, in case of such revision where revisional authority has granted a stay to the recovery of dues, the authority as far as may be practicable dispose of such revision application as expeditiously as possible but not later than six months from the date of the first order.”;

“(3A) The revisional authority, in order to prevent the ends of justice being defeated, may pass such interim orders including order of stay against the impugned order, pending the decision and final hearing of the Revision Application:

Provided that, if any interim order has been passed by the revisional authority without hearing the other side, the revisional authority shall decide such application within a period of three months and pass the necessary orders on merits by giving opportunity of being heard and for the reasons to be recorded in writing+

Advise

1. You can make a revision application to District Joint Registrar being the immediate superior of the Dy Registrar who issued Certificate of recovery.
2. This provision requires revision authority to hear the Society.
3. Unless waived by Revision Authority, you have to make deposit of 50% of the amount due as certified by Dy Registrar before filing Revision Application.
4. Revision application filed after two months of the date of the Certificate will be considered only if the applicant satisfies it that he had sufficient cause for not making the application within such period.