Mumbai: Bandra Deputy Registrar Orders Recovery Of ₹28 Lakh Dues From Flat Owner After 16-Year Default

The deputy registrar of co-operative housing societies, Bandra, has accepted a recovery application filed by a Hill Road-based society against one of its members , Jayesh Bhatt, for failing to pay society dues since 2008. The office has directed the society to initiate recovery proceedings against him before the Maharashtra Land and Revenue Tribunal to recover long-pending dues amounting to Rs 28,25,737. Additionally, the office has levied a simple interest of 21 percent on the amount from March 31, 2024, until full recovery.

Member Accused of Withholding Funds

The order, passed by Deputy Registrar Adinath Dagade, states that “The Co-operative Housing Society collects funds from all residential flat owners towards maintenance, electricity, water bills, and other common expenses. Apart from this, the common fund is also used for recovering pending dues from flat owners, property transfers, society repairs, legal issues, and filing recovery notices. The society also utilizes funds for monthly maintenance, sinking fund, repairs, parking, water bills, etc. Hence, it is mandatory for every flat owner to contribute to these funds. Jayesh Bhatt (the defaulter), residing in Flat No. 202 of Dheeraj Devika Co-operative Housing Society since November 2008, is liable to pay Rs 28,03,887 as per the documents produced before this office.”

The order further notes:

“It is for the benefit of the society and its members that Bhatt clears the pending dues. The documents produced show that Bhatt was given sufficient time to respond to recovery notices but failed to do so. After reviewing the records, I find that Bhatt has withheld the society’s funds; therefore, the office directs Bhatt to pay the entire amount.

Legal Action Initiated by Society

The society, represented by Advocates Nirmit Shah and Chanda Yadav, submitted that the defendant, Bhatt, has been occupying Flat No. 202 since 2008. Despite repeated reminders and notices, he failed to clear outstanding maintenance charges. Instead, the society claimed, Bhatt raised frivolous objections to avoid payment.

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Resolution Passed Against Defaulter

Due to Bhatt’s non-cooperation and alleged unreasonable demands, the society passed a resolution on September 23, 2024, authorizing legal action against him. Subsequently, the society’s advocate sent a legal notice on November 12, 2024, demanding payment of outstanding dues amounting to Rs 28,03,887 as of March 2024. However, Bhatt failed to comply.

Defaulter’s Response Cites Discrepancies

In his response, Bhatt claimed there were discrepancies in the recovery amount and, therefore, he had not paid the pending dues.

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