In a significant ruling reinforcing the authority of cooperative housing societies, the Deputy Registrar of Co-operative Societies, Mumbai, has passed a strong recovery order in favour of a Goregaon-based housing society. The order directs nine defaulting members to collectively pay â‚ą25.40 lakh, along with applicable interest, towards long-pending maintenance dues. This case sends a clear message to defaulters across Mumbai that avoiding society maintenance is neither legal nor sustainable.
⚖️ Background of the Case
The matter involved Indraprastha Regency Co-operative Housing Society located in Goregaon (West). For several years, nine members of the society failed to clear their monthly maintenance charges despite continuous occupation of their flats and shops. These unpaid dues eventually accumulated into a massive outstanding amount exceeding â‚ą25 lakh.
đź‘Ą Who Were the Defaulters?
Out of the nine members held liable:
- Seven were residential flat owners, and
- Two were shop owners operating within the society premises.
Despite their different usage categories, all defaulters were found equally responsible for paying maintenance charges as they benefited from common facilities.
đźš« Using Facilities Without Paying Is Illegal
One of the strongest observations made by the Deputy Registrar was that members cannot enjoy society services without paying for them. The defaulters were actively using:
- Water supply
- Lift services
- Security arrangements
- Common area maintenance
- Cleaning and infrastructure services
The authority ruled that continued use of these facilities makes payment of maintenance mandatory, irrespective of any internal disputes.
❌ Disputes Are Not a Valid Excuse
Several defaulters attempted to justify non-payment by citing disagreements or issues with the society’s management. The Registrar categorically rejected this argument, stating that personal grievances or disputes cannot be used as a reason to withhold maintenance payments. As long as a member occupies the premises, payment obligations remain intact.
đź“ś Society Followed Due Process
Before approaching the Registrar, the society ensured full compliance with legal procedure. This included:
- Issuing multiple demand notices starting January 2023
- Sending reminders to defaulters
- Passing a formal managing committee resolution authorising recovery action
Only after these efforts failed did the society initiate legal recovery proceedings.
đź’° Clear Break-Up of Outstanding Dues
The recovery order clearly specified individual payable amounts for each defaulter, ensuring transparency and enforceability. The dues ranged from:
- Around â‚ą85,000 for some members,
-
To over â‚ą6 lakh for long-term defaulters,
depending on the duration of non-payment and property type.
📢 A Strong Message to Housing Society Members
This order reinforces an important principle under the Maharashtra Co-operative Societies Act—
Maintenance charges are not optional.
Members cannot continue to occupy their premises, enjoy all facilities, and still refuse to contribute towards society expenses. Cooperative housing societies are legally empowered to recover dues with interest through statutory authorities.
🏢 Goregaon Housing Society Secures ₹25.40 Lakh Recovery Order Against 9 Maintenance Defaulters