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sandy K   19 October 2023

How to file a case against owners against maintenance team in a flat owners association

dear sir,

i have been facing a harrasement kind of thing from my flat owners who are doing maintenace i am paying maintenance amount regulary but when i asked them to show how the funds are being managed they are creating their own rules and deniying to share me the details. they are just creating their rules as per their convienece


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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     20 October 2023

This is a matter of discussion in the general or extra meeting of the association.

You can peruse the audit report in this regard and record your objection if there are any misuse or misappropriation.

Dr. J C Vashista (Advocate )     20 October 2023

Facts posted are vague and not clear such as 

You are being harassed by association of flat owners or your flat owner (presumably sole or dula owner (s) / landlord(s)) ?

What type of harashment is inflicted ?

What is your locus standi ?

You are paying maintenance to whom ?

How do you intend to check accounts of maintenance i.e., in what capacity ?

 

sandy K   20 October 2023

ours is a Residential apartment with 17 flats which is not registered and i am flat owner in that apartment, i usually pay the maintenance every month with corpus to one flat owner and he will collect it and manage the amount ,Here the mindset of the person is one should not ask any thing to him and even when coming to extra activities done in apartment if they are less funds he will inform everyone by conducting meeting ask to arrange funds if he has enough funds he will not iform any one and he combines wityh 2 to 3 people take a decision and  he will do his own thing .if i ask a information about when it is planned like that the 3 people intentionally create a nonsense and try tio shout my mouth they are not giving a chance to speak to them intentionally they are doing like this and also they they are creating their ownrules according to their convineince . I have asked the maintenance person that i would like to undedrstand few things please tell me your preferable time so i can make myself avialable he will give others time to discuss but when i am trying to approach him he will tell post in whats app what is there to discuss like that .i want to know how to resolve this issue kindly help me.

T. Kalaiselvan, Advocate (Advocate)     20 October 2023

Since there is no assocaition neither there is any mutually agreed terms between the said person and you, it would be better that you stop paying the maintenance amount, let them take any action.

They cannot take any legal action against you for any reason, but if they stop the amenitites then you can give a police complaint against them and get them arrested. 

Dr. J C Vashista (Advocate )     21 October 2023

You can neither sue the "unregistered" association nor can be sued for non-payment of any "so-called" dues in your account.

Donot pay any more till proper RWA or an Association is properly formed and registered.

sandy K   21 October 2023

Thank you sir thats what sir they are creating their own rules and causing trouble to me .Based on understanding of all flat owners the maintenace team will be prepared with 2 members i will do the same thing sir tq

Dr. J C Vashista (Advocate )     03 November 2023

You will have to ask for accounts of income and expenditure with a balance sheet,

If the accountholder denies or reluctant file a police complaint against such person for cheating and fraud.

Besides this you can move to civil court of jurisdiction for a permanent and mandatory injunction as well rendition of accounts. 

Seek professional services of a local prudent lawyer.

Meanwhile stop further payments till you are satisfied with accounting of each and every penny collected.

it would be better and appropriate if some more resident / flat owners should join you.


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