Illegal construction by an owner
Querist :
Anonymous
(Querist) 13 February 2025
This query is : Resolved
Dear Sir,
I am the owner of a flat located on the 4th floor within a scheme of 7 flats in Nagpur. We are currently paying Rs. 1,000 monthly towards maintenance charges to one of the co-flat owners, who resides on the 1st floor. He collects the maintenance fees from all seven flat owners but mismanages the funds and never provides an account record. He often imposes arbitrary expenses on us.
Out of the seven flat owners, I am the only one who has requested him to show the maintenance account records. He has repeatedly stopped the elevator service. For many years, he has been holding on to the building maintenance charges without proper transparency. Recently, he constructed a 150 ft² room in the common parking area to store his surplus belongings, despite objections from four of the flat owners. He continues with the construction work regardless of our concerns.
What should I do in this situation?
Thank you
kavksatyanarayana
(Expert) 13 February 2025
You should complain to the committee marking a copy of the Dy./Jt. Registrar of Cooperative Housing Societies. If no action is taken by the committee, you can report it to the Registrar.
T. Kalaiselvan, Advocate
(Expert) 14 February 2025
In the absence of a registered association you can directly take legal action against him for his illegal act of misappropriation of funds and for illegal construction activities too.
You give a complaint to the police for misappropriation of funds and make a complaint with the municipal corporation for the illegal construction.
P. Venu 
(Expert) 18 February 2025
Admittedly, thee is no registered society. As such, the person who collect the funds and expend is accountable to other co-occupants. The accountability is enforceable through a civil action.
