Court shields resident with Rs 1.42L maintenance dues

Dr. Nandu, a respected doctor in Matunga, recently secured protection from the Maharashtra State Co-Operative Appellate Court due to his housing society's attempt to label him as a maintenance defaulter for unpaid dues of Rs 1.42 lakh. Dr. Nandu, who owns a ground floor unit in the housing society, has been paying the maintenance fees but the society has not issued bills since 2014.

By April 2015, the unpaid maintenance dues had accumulated to Rs 1.42 lakh. The housing society demanded this amount plus 18% simple interest, claiming Dr. Nandu was a persistent defaulter. On August 16, 2020, the housing society unanimously decided to send a notice to Dr. Nandu demanding payment of his outstanding dues. Later, on January 16, 2021, they followed up with a legal notice to him.

Dr. Nandu argued that he was a busy doctor, serving as an examiner for medical undergraduate and post-graduates, and teaching at the same time. He requested the court to restrain anyone from declaring, publishing, or displaying him as a defaulter until the dispute is finally decided by the court. The court granted Dr. Nandu interim protection because the housing society's claim was questionable due to their failure to issue bills since 2014.

The court believed that branding Dr. Nandu as a defaulter at this stage would harm his reputation, especially considering his profession. The court also noted that the housing society could still pursue recovery of the unpaid dues if proven.