What is limitation period for claim arrears to wards maintenance charges not claimed for 21 years/
G S Chadha
(Querist) 09 September 2013
This query is : Resolved
Dear Sir,
I took possession of a flat in January,1993 UNDER PROTEST because I was made to sign Maintenance Agreement and four ( 4 ) other documents under duress of cancellation of Flat allotment resulting in forefeiture of Rs. 216,000/- paid as Earnest Money. I had already paid full amount towards the cost of flat, which included Rs. 515,000/- loan taken from bank. The TERMS & Conditions of the Maintenance Agreement and the 4 letter that were to be used as Certificates regarding quality of construction, area and payment of EDC - External Development Charges were not acceptable to me.
Rs. 7,500/- was taken by the builder to wards Maintenance security without any interest payable there off. The Builder incorporated 24 % interest clause compounded at intervals of each quarter. He is claiming some thing around Rs. 22 lakhs which is 2.5 times the cost of flat.
Can a builder claim maintenance charges after 21 years? I have not acknowledged any of his demands raised through bills. Nor replied to any of letters.
The builder sold the flats in violation of the Exemption Certificate issued by The Director Town & Planning. The E. C was for a plotted Colony. He could only sell plots or complete Building/ House and not bifurcate building horizontly into flats.
Can I be provided by same judgments in support of your reply?
Best regards/ Gurdev Singh.
V R SHROFF
(Expert) 09 September 2013
CIVIL COURT WILL DECIDE WHAT, if any , IS PAYABLE .
Limitation, Legal claim are factors involved. Its are tricky Legal points, and depends upon how itb is presented and proved before Court
Raj Kumar Makkad
(Expert) 09 September 2013
Generally the arrears cannot be claimed beyond the period of 3 years of last confirmation to the arrears so if you had confirmed accordingly then the demand is legal otherwise it cannot be enforced.
Dr J C Vashista
(Expert) 10 September 2013
Limitation of claiming arrears of maintenance is generally 3 years even then it depends upon various factors such as acknowledgment and confirmation of arrears, date of last payment/transaction, so on and so forth.
Contact/engage a local lawyer.
prabhakar singh
(Expert) 10 September 2013
Any Kind of money becoming due and payable on a particular date is recoverable through law suit within three years from that date provided no acknowledgement accepting the dues was signed within suit period of three years to enlarge the time for a further period of three years and with these enlargements made times and again within time, it can cover any length of time.
But you have stated " I have not acknowledged any of his demands raised through bills. Nor replied to any of letters. "
HENCE IN MY OPINION BUILDER CAN NOT REALIZE EVEN A PENNY BY CIVIL LAWSUIT.
ajay sethi
(Expert) 10 September 2013
agree with experts
Rajendra K Goyal
(Expert) 10 September 2013
Consult your local lawyer with all documents. On the basis of given facts the claim seems to be time barred.
R.K Nanda
(Expert) 10 September 2013
nothing to add more.
