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Anonymous (NA)     15 July 2024

Maintenance agreement dispute

So I have a plot with a reputed builder in Chandigarh who has been raising bills for maintenance.

I asked them to provide a copy of the maintenance agreement I accepted or signed & they claim they do not have one as they lost and claim I should be having one OR , we can sign a new one now (Funny how they have been raising bills till date in absence of an agreement).

My buyer agreement for the plot says that a tripartite maintenance agreement would be signed and a draft of the same is attached in the agreement which says the initial period of agreement would be 3 years (Remember, it's a draft of a tripartite agreement that was to be signed).

Given they are unable to produce an actual agreement ever signed , Do i have grounds to contest all the bills they've raised through past 3 years in absence of any maintenance/service agreement in place ?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

The maintenance amount has to be paid by all the flat owners.

The absence of agreement may not be an excuse to refuse to pay maintenance amount for common areas 

Anonymous (NA)     16 July 2024

Thank you for your reply. Because there is no maintenance done is the sole contention for the dispute. Hence when I say there does not exist any document to suggest that I agreed to paying any X amount per month , i want to dispute the blatant charges being raised.

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

When there was no court order directing to pay maintenance but you paid it on your own then it can be considered as a voluntary act. 

Therefore any rights claimed based on this act is not legally maintainable. 

Anonymous (NA)     17 July 2024

Thank you for your reply.
I have not paid any maitenance till date and have been emailing the company to show me the service agreement executed which they claim they don't have one and despite my objections, have been raising bills.

Also this is a plot and not a flat incase this helps.

T. Kalaiselvan, Advocate (Advocate)     18 July 2024

Since this is a plot and not flat hence there is no much for maintaining the vacant plot except for the security services, however as you have already raised objections and demanded the details by email, you can additionally send a letter seeking clarifications sent by registered post with acknowledgment card and keep the office copy secured so that you can challenge the dispute at a later date in case one arises at a later date


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