Maintenance charges by unformed society
tiju
(Querist) 17 August 2013
This query is : Resolved
Dear Sir,
I have got possession of a flat in mumbai. The project is complete and OC received. The builder did not provide proper ammenities as promised and therefore there is a dispute between flat owners and Builder. The society is not formed yet even after 2 yrs of possession. The builder has stopped paying any maintenance of the building. Some members of the building have come together and are asking other members to pay very high charges for water and other maintenance.
1)Is such a group (unregistered)of members authorised to ask for money for maintenance?
2) Can they charge penal interest for non-payment of amt not paid?
Devajyoti Barman
(Expert) 17 August 2013
No, they can not ask any exorbitant amount in the garb of maintenance.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
but how the maintenance will be there without money. why society is not formed.
ajay sethi
(Expert) 17 August 2013
members can make application to registrar for formation of the society . if builder did not provide proper amenities then members ought to move consumer forum against the builder .
as far as maintenance is concerned some one has to maintain the building . if members dont pay maintenance on time how will maintenace be done .
Rajendra K Goyal
(Expert) 17 August 2013
Builder has not provided the agreed amenities, move to consumer forum for the same.
Builder has stopped paying for providing basic amenities, some body has to take imitative for the same till society is formed. Till legal status is obtained by forming society.
Take initiative for formation of the society.
prabhakar singh
(Expert) 17 August 2013
With regard to your particular questions 1 & 2 my answer would be negative yet till society is formally not registered,to sail life smoothly,bills of utilities do require payment.
Raj Kumar Makkad
(Expert) 18 August 2013
Even if unformed society is incurring the charges over maintenance of the common amenities of the society, everyone irrespective of the stats of the society should pay proportionate share.
