Flat Maintenance not giving by Flat Owner

The dispute is civil in nature.  You cannot lodge police complaint.

For recovering the maintenance dues, you need to file civil case only.  But first issue a legal notice.  You can also call upon the Ex president to submit the details of accounts which he collected when he was the president.

You need to look for the local apartment ownership act. For that matter any of the enactments touching this matter. If there is an act it defenitely wil have provided the competant forum where you can get this matter addressed.

Even otherwise  issue a notice demanding the dues. Civil court will always have jurisdiction, if there is no bar from special enactment.

I agree what Mr.Krishna Legal said.

 Dear Rsingh,

  You have posed a good case, for your case, it is required to know

1. whether the flat is constructed as per the Apartments Act or not ? 

2. Whether at the time of purchase of flat, is there any clause relating to compulsory membership in the Society formed by major Apartment residents of the complex.

3. Whether the society of the apartment complex was registered prior to the old body formation?

4. If the present body of the Society is formed after the registration, during such registration whether the said flat owner has joined in such registration or not.

S.A.NARASIMHA RAO KARRI

ADVOCATE-HYDERABAD

Hi, Mr R.Singh,

first let me Know whether ur flats owners association is registered  or not

2. what are the bye laws of ur association.

please find above details before initiating any legal action.

Earlier I was the secretary of a Apartment. The same situation i was faced. Here in your case the followings to be taken in to consideration.

1. First of all you have to call for body meeting: in this meeting get authorisation to you for serving notices to him.

2. After body reosultion: the copy of resolution along with you simple request letter addressed to the defaulter is to be serviced by giving 21 dyas of time for making all dues failing for which he has to face the disconnection of electricity,water & drianage facilities. Not to use Lift also.

3. Still he denied to make payment: A legal notice served on him.

4. Again he defaults: File a case in the civil courts for recovery by getting attachment to his flats & sell the furniture & other valuble articles.

5. By seeing all this process: He will come forward for compromise or he has to make the payments.

It is very simple why you worry.

If a flat owner is not paying the maintenance it is very bad.    If he is a land loard of the land then question comes whether the other owners who purchased flats from him paid the entire amount like Sale consideration to all land loards, aminity charges, parking charges etc., If the flat purchaser does not gave the sale consideration and other charges how can the flat owners can form society and do legal action on him.