NOTICE OF DEFAULT AND DEMAND FOR PAYMENT OF ARREARS
__________
A co-operative housing society registered under the co-operative societies legislation in force in __________ — Registration No. __________
Registered office: __________
Place: __________
Date: __________
By __________
To,
__________
__________
Member of the Society in respect of __________
Subject: Arrears of __________ for the period __________ to __________ — demand for payment on or before __________
Dear __________,
1. Authority for this notice
1.1 You are recorded in the register of members of the Society as the member in respect of __________. As a member you are bound by the registered bye-laws of the Society and are liable to pay the charges of the Society as levied and apportioned under those bye-laws.
1.2 The Managing Committee is empowered to levy, demand and recover the charges of the Society from its members under __________. This notice is issued by the Managing Committee in exercise of that power and not by any member of the Committee in a personal capacity.
2. The amount in default
2.1 Notwithstanding the bills raised by the Society and payable by you, the following amounts remain unpaid in respect of the period from __________ to __________:
| Particulars | Amount (Rs) |
|---|---|
| Principal amount of charges outstanding | __________ |
| Interest at __________% per annum, simple, computed from the date each amount fell due, up to __________ | __________ |
| Total due as on __________ | __________ |
Rupees __________ only.
2.2 The head-wise and month-wise particulars of the amount in default are as follows:
__________
2.3 Interest has been charged at the rate stated above as sanctioned under __________. It is simple interest and not compound interest, and it runs from the date on which each amount became due and not from the date of this notice. If, on verification, the rate applicable under the bye-laws and the resolutions of the general body is found to be lower than the rate stated above, the lower rate will apply and the account will be revised accordingly.
3. Demand
3.1 You are hereby called upon to pay to the Society the sum of __________, together with interest continuing to accrue after __________ at the rate stated in paragraph 2.1, on or before __________.
3.2 Payment should be made by a mode that leaves a record — cheque, demand draft or electronic transfer — and a receipt will be issued by the Society. Cash payments without a receipt will not be recognised.
3.3 Charges falling due after __________ are payable in the ordinary course as and when billed. They are not included in the amount demanded above, and nothing in this notice waives them.
4. If you dispute the account
4.1 If you dispute any part of this account, write to the Society with particulars and supporting documents — receipts, bank statements or correspondence — so that the account can be reconciled. The Society will place your objection before the Managing Committee and give you a written reply.
4.2 Raising a dispute does not by itself stop interest from accruing on any amount ultimately found to be payable, and any amount that is not in dispute should be paid within the time given in paragraph 3.1.
5. What follows if the amount is not paid
5.1 If the amount demanded is not paid on or before __________, __________.
5.2 In any such proceeding the Society will claim the principal, interest continuing to accrue until the date of payment, and such costs as the Court, the Registrar or other forum may award.
5.3 Your liability to the Society is not affected by any arrangement between you and any tenant, licensee, agent or other occupant of __________, or by any dispute among joint holders. The Society looks only to the member on its record.
6. What the Society will not do
6.1 The Society will not disconnect or restrict your water supply, your electricity, the use of the lift, the parking space allotted to you, or your access to the common areas of the building as a means of recovering this amount. The Society has no power to take any such step and will not take it, however long the default continues.
6.2 The Society will not prevent you from attending a general body meeting of the Society. Provisions of the co-operative law and of the registered bye-laws relating to active membership, the right to vote and eligibility to contest elections to the Managing Committee operate on their own terms; nothing in this notice imposes, or is intended to impose, any such consequence on you.
6.3 Recovery of the amount demanded will be pursued only through the lawful process described in paragraph 5.
7. General
7.1 This notice is issued without prejudice to all other rights and remedies available to the Society under the co-operative societies legislation in force in __________ and under its registered bye-laws, all of which are expressly reserved.
7.2 This notice is being served on you by __________ at the address recorded in the register of members of the Society. Any change in that address must be intimated to the Society in writing; until it is, service at the recorded address is good service.
7.3 If you have already paid the whole of the amount demanded before receiving this notice, please treat this notice as withdrawn to that extent and send the payment particulars to the Society so that the records can be corrected.
For and on behalf of the Managing Committee of __________
_______________________________
__________
__________
(Seal of the Society)
Place: __________
Date: __________
ACKNOWLEDGEMENT OF RECEIPT
(to be signed and returned to the Society if this notice is delivered by hand)
Received a copy of the Notice of Default and Demand for Arrears dated __________ issued by __________ in respect of __________.
Signature of recipient: _______________________ Name: _______________________ Date: _______________
Office copy — to be filed with the outward register together with the proof of dispatch or the signed acknowledgement.