Short Answer

Yes, members can demand the surplus maintenance collected by the society back, but whether interest can be claimed would depend on the specific provisions of the society's bylaws.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 empowers the society to collect maintenance charges from its members for the upkeep of the society's common areas and facilities. If the society has collected more maintenance charges than the actual expenses incurred, members have the right to demand the surplus amount back. However, the Act does not specifically mention the payment of interest on such surplus amounts.

Rule 123 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the maintenance fund and its utilization. It states that the surplus amount collected should be maintained separately and utilized for the benefit of the society as decided by the general body meeting. If the surplus is substantial, the society may consider refunding it to the members.

In practice, if members believe that the surplus maintenance collected is not being utilized for the society's benefit or if they wish to have the surplus amount refunded, they can raise the issue in the general body meeting. The decision to refund the surplus amount and whether to pay interest on it would be taken collectively by the members present in the meeting.

Real-world Scenarios

• Scenario 1: A cooperative housing society collected maintenance charges for a year but incurred lower expenses due to cost-saving measures. Members request a refund of the surplus amount during the annual general body meeting.

• Scenario 2: A society collects maintenance charges but fails to utilize the surplus amount for the society's benefit. Members demand a refund along with interest, citing mismanagement of funds.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 61

• Gujarat Cooperative Societies Rules, 1965: Rule 123