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Sourabh (Proprietor)     10 October 2016

Promoter/owner refusing to pay society maintenance

Dear Experts,
We are a Co-OP Society registered in Mumbai.
1) we purchased flats from a builder in 2011, the building was under construction
2) we received flat possession in 2014
3) we formed society in Jan 2015
4) one of the purchaser who purchased flat in 2011 had open dispute with builder due to which his possession was delayed and he received his possession in Sep 2016
5) Now both Builder and the purchaser of the flat are refusing to pay Maintanance Dues (from Jan 2015 to Aug 2016)  both of them are blaming each other. ( builder is saying he has added a clause in our flat registration document that we cannot claim any dues from builder and the purchaser is saying the builder is supposed to clear those dues since he has not occupied the property during that tenure)
We as a society members are seriously concerned, as what options do we have in such a situation.
We would appreciate your guidance in this matter......
 
kind regards.

We are willing to Hire an advocate who can assist us in recovering our maintainance dues from society members......We are from Mira Road



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     11 October 2016

Sourabh According to provision of MCSA 1060 bye law clearly provide that maintenance is to be paid by the end user. In this builder and owner both party denying their responsibility and due to which whole society need to suffer a lot.

If u appreciate my solution then will you give THNAK on my profile of LCI?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 October 2016

1.  Builder is NOT liable to pay "Society Maint. Charges", for the "unsold & non-occupied" Flat, irrespective of any factor.


2.  "Society Maint. Charges"  CANNOT be levied to the New Flat-Owner, simply because he becomes  Society member, only on application and possession and registration of the Flat deed, which can happen even after 5-10 years of Society registration date.


Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com 


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