Short Answer

No, a member cannot withhold maintenance payment if society amenities aren’t working.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 states that every member of a cooperative society is bound to pay maintenance charges regularly. This means that irrespective of the functioning of society amenities, members are obligated to pay maintenance fees as per the rules of the society. In practice, this provision ensures the smooth functioning of the cooperative society by ensuring a regular inflow of funds for maintenance and upkeep.

Furthermore, Rule 78 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the consequences of non-payment of maintenance charges. It specifies that in case a member fails to pay maintenance fees, the society may take appropriate action as per the by-laws, which may include levying penalties or even legal action. This rule acts as a deterrent against members withholding maintenance payments.

In real-world scenarios, if a member decides to withhold maintenance payment due to non-functioning amenities, it can disrupt the financial stability of the society and hinder necessary maintenance work. Therefore, it is crucial for all members to fulfill their obligation of paying maintenance charges promptly.

Practical Example 1:

Mr. Patel, a member of a cooperative housing society, decides to withhold his maintenance payment because the lift in the building is not working. However, as per Section 123 of the Act, Mr. Patel is still required to pay his maintenance fees to ensure the overall upkeep of the society.

Practical Example 2:

Ms. Shah, another member of the society, faces issues with the water supply in the society premises and considers withholding her maintenance payment. Despite the inconvenience caused by the non-functioning amenities, Ms. Shah must continue to pay her maintenance charges as per the rules of the cooperative society.

Practical Example 3:

In a commercial cooperative society, Mr. Desai stops paying maintenance charges due to the non-availability of parking facilities. However, Rule 78 empowers the society to take necessary actions against such defaulting members to maintain financial discipline.

References

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 78 of the Gujarat Cooperative Societies Rules, 1965: Official PDF