Dear Experts,
We are a Co-OP Society registered in Mumbai.
1) we purchased flats from a builder in 2011, the building was under construction
2) we received flat possession in 2014
3) we formed society in Jan 2015
4) one of the purchaser who purchased flat in 2011 had open dispute with builder due to which his possession was delayed and he received his possession in Sep 2016
5) Now both Builder and the purchaser of the flat are refusing to pay Maintanance Dues (from Jan 2015 to Aug 2016) both of them are blaming each other. ( builder is saying he has added a clause in our flat registration document that we cannot claim any dues from builder and the purchaser is saying the builder is supposed to clear those dues since he has not occupied the property during that tenure)
We as a society members are seriously concerned, as what options do we have in such a situation.
We would appreciate your guidance in this matter......
kind regards.