Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
Respondent No.1 is the occupant of flat no.102 along with late Mrs. Chander Chawla. The petitioner society of twelve members made an application for certificate against the respondent no.2 for recovery of maintenance of Rs.30,17,655/- as on 1.4.2022.
Respondent No.1 Deputy Registrar rejected the said application on the ground that issuance of such certificate against legal representatives involve complicated question of law and fact which is beyond his powers. Therefore, the society needs to approach the Cooperative Court under Section 91 of the Act.
HELD that considering the unique nature of housing societies, the legislature introduced a separate chapter to deal with cooperative housing society and its members. Separate definitions are provided under Chapter 154B-1, whereas, separate provisions for registration, membership, voting rights, transfer of interest and management are made. Section 154B-29 provides for recovery of sums of housing society as arrears of land revenue. Sub-section (1) starts with non-obstante clause giving overriding effect on sections 91,93 and 98 of the Act. Sub-section (2) of Section 154B-29 is in contradistinction with section 101 of the Act. It creates an obligation and satisfaction of the Registrar that the housing society has failed to take action under sub-section (1) of Section 154B-29 to initiate proceedings for recovery of amounts. It requires the Registrar, on its own motion after inquiry, to grant a certificate for recovery and same is treated as conclusive proof under sub-section (3). Such dues will be recovered as arrears of land revenue in addition to the modes provided in section 156. Thus, the respondent no.1 has failed to exercise its jurisdiction on application of Section 77F of the Rules which is not applicable to section 154B-2.
Failure to exercise jurisdiction by illegal parameters has resulted in a miscarriage of justice and defeated the purpose of the introduction of Chapter XIII-B of the Act. Non-recovery of huge maintenance amount by a small society will have huge impact and would also result in taking away express statutory rights of a housing society. Moreover, it will be failure to exercise obligation cast on the Registrar under sub-section (2) of Section 154B-29(2) of the Act.
Judgment dated 19.3.2024 in W.P.No.2221 of 2024 of Legacy Coop. Housing Society Ltd Vs. Deputy Registrar, Coop Societies
