Maintenance charges dispute goa
Mahesh Shah
(Querist) 15 December 2013
This query is : Resolved
I am one of a number of apartment owners who have a dispute with the developer about maintenance charges. Developer's company is managing the maintenance of common facilities.Common facilities is also used by Hotel owned by Developer. A maintenance fund was paid upfront.Now 5 years later Developer is retrospectively claiming that the maintenance fund paid 5 years ago was used in the 1st year (rs 1500 per sq m paid!)and we are therefore in arrears. They refuse to allow us to inspect records. Now they have denied access to our property and have cut off water and electricity. Filed Police Complaint but Police say that it is a civil matter. What action do you recommend? Should we file criminal case for harassment, breach of trust, cheating and fraud?
ajay sethi
(Expert) 15 December 2013
developer is bound to furnsh audited account for every year . he cannot arbitraily discoonect water and electricity charges . issue legal notice to developer to furnish audited accounts of amount spent on maintenance .if he fails to do so move consumer forum against builder . you can also move civil court to direct builder to restore electricity / water connection and for audited accounts .
Mahesh Shah
(Querist) 15 December 2013
Thank you Mr Sethi for your quick response. Developer has provided a summary of the maintenance charges over last 5 years, certified by a CA. However, they are refusing to allow inspection of prime records. We suspect that there are capital items and other items included which are not recoverable as maintenance charges. Also, CA summary does not provide accounting basis, period or % payable by apartment owners and what is payable by Hotel complex.
ajay sethi
(Expert) 15 December 2013
you are entitled to take inspection of records in support of claim of maintenance . contact a local lawyer
Mahesh Shah
(Querist) 15 December 2013
Thank you. Do you think that we have grounds to file criminal complaint? They have harrassed us and denied access when they know very well that this is unlawful and they have also cut-off services. Their refusal to allow inspection of records is suspicious.
If answer is yes, under what section IPC?
Secondly,do they have any legal right to cut-off water and electricity to our apartment even though the real dispute is about maintenance charges which relate to common areas.
V R SHROFF
(Expert) 15 December 2013
cannot cut off essential supplies like water/ electricity/ common passage
can move civil/ co-op/ criminal courts.
no bar,
no law/ bye-laws CHS permits office bearer to do so.
the act is ultra-vires
Mahesh Shah
(Querist) 15 December 2013
Thank you Sir. I think the GM & Directors know this but they are being deliberately aggressive. They have not formed Co-op or Association as developer owns majority of apartments and there is a conflict of interest - the common facilities are mainly used (99%) by Hotel Guests yet they are trying to recover bulk of charges from apartment owners. We have never been consulted about any bye-laws or rules and regulations and now they have imposed a rule that we cannot let property without their consent and in any case only through them. But they have the rules to benefit them at our expense.
ajay sethi
(Expert) 15 December 2013
move court for necessary reliefs
Devajyoti Barman
(Expert) 15 December 2013
What the developer is claiming is squarely criminal and you or other apartment owners are absolutely not responsible for arrears if any.
Do not pay maintenance money except what is agreed upon. You an raise dispute before the ARCS.
If any essential services are cut then go to civil court.
If developer uses force or intimidate then only file criminal case.
Rajendra K Goyal
(Expert) 15 December 2013
Well advised by the experts, nothing more to add.
Mahesh Shah
(Querist) 15 December 2013
Thank you for all responses - the problem is developer has deep pockets and probably feels that "possession is 9/10 of the law" and knowing the long delays in getting court judgement, is just using it to their advantage in creating pressure. In meantime, we have no access to our apartment and developer is trying to exhort us to pay by arbitrarily levying an interest of 25%. We filed Police Complaint and despite being told by PI that they should give us access, they have simply been in contempt of Police direction. These people need to be put behind bars. How can we get them to obey law?
Devajyoti Barman
(Expert) 15 December 2013
Yu better file a Writ Petition against police inaction which would take care of your all issues.
Deep pocket can not duck long stretch of arms of law.
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
very properly advised by many experts here, hope you will be able to solve the issue by following the advises given herein. Engage a lawyer for help.
Mahesh Shah
(Querist) 15 December 2013
Thank you all for your helpful advice. If anyone has legal precedents relating to the issues raised in this query then I would be pleased to receive the same.
Devajyoti Barman
(Expert) 16 December 2013
you are welcome..
citations are not provided here.
Mahesh Shah
(Querist) 16 December 2013
Dear Mr Barman. It is a real shame that good solid case law/precedents are not cited here. I think it would add immensely to the valuable comments/advice and maybe stop rogue builders/developers/members of co-ops/tenants/owners etc from taking decisions which are outright wrong and/or unlawful. I appreciate that these may of course be the stock-in-trade for advocates so reluctant to share but on the other hand may help people pick up right advocates. Anyway, I still appreciate all the help and advice.
ajay sethi
(Expert) 16 December 2013
thanks for your appreciation . you can visit indian kanoon website for judgements
ajay sethi
(Expert) 16 December 2013
thanks for your appreciation . you can visit indian kanoon website for judgements
Devajyoti Barman
(Expert) 16 December 2013
Please acknowledge what you get here today.
Citations are not given in a free platform like this.
Mahesh Shah
(Querist) 07 February 2023
After 10 years we got a court order entirely in our favour. However, developer is still denying access to our properties for non-payment of all the invalid and extortionate maintenance charge bills, despite the order directing the developer to issue proper demands backed up by bills/invoices/payment receipts. Developer has filed Appeal which has been admitted but no stay granted. Police will not provide police escort to access our properties. Any advice?
