Have read your articles on CHS. They are really good.
I am facing a very different challenge.
I have received a recovery notice of “x” amount 101 case even though I tried to explain my points as follows;
1) Signed bills and payment receipts of our partial payments not received before 101 hearing started.
2) Still the bills had problem as some items were very clearly incorrect and they are calculation errors
3) The settlement sheet submitted by society calculated compound interest instead of simple interest.
4) Society collected almost double the property tax than actually paid to govt
5) Society did not product the account statement for our flat so never come to know for what items we are charged for. They say only look at audit report and do not show any quotations, proposals or contracts. Audit reports are all managed. There are items with no bill and they are cash expenses in audit report.
6) Society makes it compulsory to use facilities like pesticide, cultural, security systems etc. We have our own arrangements for this.
I have put it thorugh 154 revision again. Can you guide some good points as to how can I pickup right points an approach so that this time we do it properly.
Can I get some reference in Govt documents or CHS handbook for following very clearly that:
1) Property tax is not in Registrars jurisdiction and should not be part in 101 case recovery
2) To file 101 case, society has to provide Signed bills with corrects items and valid payment receipts to the member are already given on time. If they give it during 101 case has started then there is no question of 21% as the correct bills are received during hearing. Instead a timeline should be set to pay the corrected bills and later may be the 21% interest is applicable.
3) There is lot of mismanagement of money and we are very sure about it as watched it for close to 5 years. How do we propose the misappropriation of amounts in right way in front of registrar? Tell us approach.
Unable to find clear guidelines in CHS handbook. So kindly guide.
It is agony that most of the articles of 101 talks of actual defaulters. No article for the people who are paying regularly but do not want to pay these extra charges which dies him out with no clue of expenses.
I C Naik
With reference to your mail on 101 proceedings you think the Certificate can be contested successfully, then you should exhaust all Revisionery Authorities up to the Minister. After that the High Court. So is it worh or go for compromise amount.
