Deduction from ibms
GR Gupta
(Querist) 14 October 2014
This query is : Resolved
Dear Sir,
I have purchased a flat in Gurgaon (Haryana). The builder has charged Interest Bearing Maintenance Security Deposit @ Rs. 60/- sqft. for this flat. I am getting simple interest
on this Deposit. Three years back a STP Plant was installed in our Society. Now in the name of expenditure incurred on
upgradation/addition of capital plants/equipments, a sum of Rs.15000/- has been deducted from my IBMS Deposit without intimating me
Please advise me whether such deduction is legal and if not, what action can be taken against the builder.
ROHIT SHARMA
(Expert) 14 October 2014
1. This deposit was made for the provision of future maintenance charges and not for construction of STP plant. This plant was a part of the construction plan and hence such deduction from the deposit is unlawful.
2. Serve a legal notice upon him as to clarify whether such deposits are deemed to be used for construction of STP plant or they meant for the up keep and maintenance of the common amenities.
3. If the reply is not forthcoming or is not satisfactory then such issued can be litigated before the civil court in case such conditions have not been mentioned in the agreement to sell or the sale deed.
Rajendra K Goyal
(Expert) 14 October 2014
Send legal notice against the deduction and to refund the same, if no action file case. About simple interest consult local lawyer and show him the agreement.
ajay sethi
(Expert) 14 October 2014
for recovery of Rs 15,000 litigations expenses would be more than deducted amount . better ask all residents to get together and meet the builder to protest against arbitrary deductions made
GR Gupta
(Querist) 15 October 2014
Dear Sirs,
Many thanks for your legal advise. Please also guide me whether I can go to Consumer Court in this matter and if so, under which clause?
Regards,
