My outgoing member has not paid is dues in 2003 . I had purchased this flat in 2004. Society has given me NOC no dues balance. Now society has claimed in 2016 that my dues is balanced with interest. Please suggest. In Maharashtra. Navi Mumbai
I C Naik
This is a case of negligence on the part of the management of the Society that a clearance was given to transferor on the basis of incorrect assessment of outstanding Society Dues recoverable from the the management committee members in terms of the Bye law No 138 reading as under:
“The members of the Committee shall be jointly and severally liable for making good any loss, which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the MCS Act 1961 and MCS Rules 1961and the bye-laws of the society.”
This Bye law conforms to statutory provision U/S 73[1AB] of the MCS Act reading as under:
“(1AB) The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the
society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society.
Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members:”