Not paying maintenance charge of flat
jatinkumar
(Querist) 07 September 2014
This query is : Resolved
Dear sir,
Our bldg was constucted i 2004 and in 2005 th possession was given to flat owner till then our bldg is not registered. We all flat owner are maintening the bldg maintenance. Now one of our flat owner has not paid maintenance charge from many year,and we have came to know that he has sold his flat to other person. Now sir let me know how we can recover maintenance charge. Awaiting for favourable reply pls.
Raj Kumar Makkad
(Expert) 07 September 2014
If your society is not registered, get it done first with the help of a local lawyer with the Registrar of societies and then act as per its bye-laws. If the arrears of the maintenance is not cleared, the society may refuse to transfer its ownership in favour of buyer.
jatinkumar
(Querist) 08 September 2014
Thks sir, but sir the buyer has already made sale deed, we also asked him that your seller has not paid maintenance dues, then.he replied how i can pay his dues.sir pls let me know that wheather we can claim maintenance without registering society if yes then how. this ans i am asking because many are not in favor of registration. They dont wont to spent money and another reason is many are not removing money last month we repaired our lift that money is also yet to recover.so pls tell me can we recover maintenance charge without registering society pls.
ajay sethi
(Expert) 08 September 2014
it is duty of builder to form society . if builder has till date not done so you can drag builder to court . or form society on your own . since society is not formed seller will refuse to pay transfer charges too . society could have taken recovery proceedings against defaulter and refused to transfer flat
ABDUL RAZIQUE
(Expert) 08 September 2014
if in your sale deed it is maintain that the vendor will clear all the dues of society and or appropriate authority than you may be claim against that.
jatinkumar
(Querist) 08 September 2014
Thks for solving my query.
Rajendra K Goyal
(Expert) 08 September 2014
First get the society formed and get it registered. If builder do not cooperate, file case in the court.
jatinkumar
(Querist) 08 September 2014
Sir here in this case flat owner are not co operating to form society therefore i was asking wheather we can recover due maintenance charge without forming society
M V Gupta
(Expert) 08 September 2014
Dear Mr. Jaikumar,
In the absence of society the builder continues to be responsible for maintenance of the building and any second sale can take place only with his consent. If the builder is not taking care of the maintenance of the building and not forming the Society the flat owners have two options. 1) to form the coop housing Society under ur State law relating to coop Societies. 2. You may then call upon the builder to render account of the money collected from the flat buyers towards formation of the Society and corpus toward maintenance of building, if this was collected. If he fails u can file a complaint in the consumer forum for deficiency in service and claim for the sums and also for damages.
Raj Kumar Makkad
(Expert) 08 September 2014
Without formation of the society, you can do nothing legally against either the buyer or the seller of the flat of your society and even can't compel anyone to deposit the amount of maintenance or other charges so better to follow the advice in this regard as provided above.
jatinkumar
(Querist) 08 September 2014
Thks to all
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
The experts have addressed the query very properly, nothing more to add.
