Vickee Malhotra
Asked January 26, 2017

Non Payment of dues for Services Provided

  • 1 Answer
  • 611 Views

Scope of work ( delivered ) - March 2016 - Sept 2016 all on personal expense and investment of time

  • Study and identify the loop-holes in the Development agreement and Individual Agreement with the developer Create a summary and aprise the members of their rights and limitation Reach out to bodies like MHADA / MCGM / Credai
  • To seek and obtain guidance + report the abnormalities
  • Reach out to RTI activist and represent the case of the society
  • Reach out to Media ( Times Network )and highlight the plight of the redevelopment stage and false assurance made to the society Reaching out to the local police station and discussing the issue Reaching out to the local authorities and seeking guidance
  • Connecting with the EOW to file a complaint Drafting mails / letters / corresponding on day to day basis with all the above Identifying lawyers / solicitors for filing a case (based on the financial capacity of the society ) ...evaluating options by personal visits and discussions
  • Modifying the draft / prayers / plaint and making it water tight in the benefit of the society with timelines and penalties
  • Assuring them the right guidance and hence speedy justice
  • Keeping the Managing committee informed on the weekly progress on the above and witness to all the meetings held and letters / emails sent on behalf of the society Offering immediate solutions for trivial issues between society members
  • Connecting the members with grieved buyers of the same project suffering due to lack of performance / delivery Thus creating a fool proof strategy for a society in lurch and act / implement / channelize efforts exhibiting results in flat 7 months

 

The society was offered a bill for all the services rendered in on 18 th Sept 2016.They mentioned having a GM to discuss and pay the dues since they acknowledged the efforts / services / speed of response. On receiving a positive outcome from the court ( on 25 th Sept 2016 ), I shared the chqs ( monthly rentals ) collected in the court from the builder ...mailed it to all the members. Unfortunately post this they started ignoring calls and reminders for my payment.Till 19 th Dec and after a lot of persuasion, they did not have any intention of calling for a meet and discuss this issue. Somehow they also had issue with some other arrears ( from the builder to be collected ) and hence called for a meet and myself to address the dues they owe me.They started negotiating and finally mentioned in the minutes of the meeting that all members ( 14 in nos ) should pay Rs 10,500 /- per flat to me ...within a week ( which is by 27 th of Dec 2016 ) via NEFT ( details I had shared ) or deposit a chq with the Chairman. Its been a month now but they have not worked towards it.Complete lethargy or lack of response from their side. I am sure that they are just ignoring it time and again inspite of capturing the decision in the General Body Meeting on 19 th of Dec 2016. Nor that they have any shortage of funds at this point of time or are casting any excuse to that extent. I request you to pls guide me in such a case and I am sure this is just a simple matter but will require opting for a legal route ( a notice to begin with refering a possible action and timeline for clearing the dues ) as repeated mails and reminder have failed so far.I am still patient as I do not wish to spoil relations with them. A complaint to the Registrar of Societies has already been made on the 16 th of jan 2016.

Answer 1

If you intend to avoid the legal procedure, try to convince them to pay the due amount as soon as possible. As a last resort you can inform them, that you have filed a complaint with Registrar of Societies against the Society and that you intend to undertake legal action as well. In case this process leads to no result, you should seriously consider filing a case against the society for the specific performance of the contract. For this you need to establish that the Society had appointed you and had promised for payment of a certain sum for the services rendered by you. Your appointment letter and the minutes of the meeting deciding that an amount of Rs. 10,500 per flat must be paid to you should be preserved. The appointment letter will be able to prove that there was a contract between you and the Society. The minutes of the meeting can be employed to show that the Society accepted that you have performed your part of the contract, as they had decided to pay you, as was required in the appointment letter. These two documents can be used to file a suit for specific performance of the contract.

 

Agree Comment 0 Agrees over 3 years ago
  • Default avatar
    Vickee Malhotra

    Hi,thanks a ton. A lil shy there of having possibilities of having an appointment letter.This may sound a lil weak but yes the understanding was oral and moral obligation was to respect each other with complete faith.Thus there is no appointment letter but yes there is a documented ( minutes of the meeting ) which makes them agreeable for the remuneration to be paid in 7 days.Thats signed and accepted by the Managing Committee in presence of all the society members.

    Agree 0 Agrees over 3 years ago


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