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Cascaxcaav
Asked 7 years ago in Property Law
Religion: Hindu
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I have bought a flat in Kharghar Area in July 2016. The society was formed in April 2016, and the builder handed over the paperwork and other expense documentation to the society in August 2016. My flat agreement is with the builder and at the time of buying i had paid the maintenance charges (for the full year, July 2016- May2017 mentioned on the receipt) and society formation charges to the builder. Now the society secretary is telling me to pay the 'premium charge' of 25,000. However when i took it up to the builder he says, that the payment of premium charges are not required, coz the agreement is between the builder and me. Do i have to pay the premium charges as per the co-operative society bylaws? Further the society maintenance i paid to the builder while purchasing the flat, was used by him to pay the society electricity bills for the month of April and May. The builder has also sent the society a debit note for the same. however the society is still asking me to pay the maintenance charges ( suggesting that they would pay the electricity bills once they get my maintenance from the builder). What should i do in such a case.
Asked 7 years ago
1 )you have entered into direct agreement with builder for purchase of flat
2) transfer charges of Rs 25000 would be payable only in respect of resale flat
3) you are not liable to pay transfer charges
4) once society has been formed builder had no business to collect maintenance charges from
you for full year
4) request builder to forward same to the society
5) if he fails to do so drag builder and society to consumer forum and seek orders to direct builder to pay maintenance to the society in respect of your flat
The builder took the maintenance charges from me saying that he has not handed over the society accounts to the society committee yet, which he did in August 2016 after collecting the maintenance from me and deducting the electricity bills amount. The society chairman and secretary have not denied that the builder payed the electricity bill, but are telling me to get the maintenance transferred to the society and then they can transfer the electricity bill amount to the builder. Now because there has been some friction between the builder and the committee for the past maintenance accounts, this issue is not getting resolved. Can i request the society to pay the amount of electricity bills to the builder and then the builder can transfer my maintenance amount to the society. Regarding the transfer charges, what should be my next step, I have received a notice from society to pay 25,000, which I have replied by denying that it is not required and I am yet to get a response from them. Should I send an email to the registrars office?
Asked 7 years ago
1) you can request society to pay electricity bill to builder and he can in turn transfer your maintenance amount
2) if society insists you pay transfer charges you can complain to registrar office against society
Cascaxcaav
What is this meant by?
Further the society maintenance i paid to the builder while purchasing the flat, was used by him to pay the society electricity bills for the month of April and May. The builder has also sent the society a debit note for the same. however the society is still asking me to pay the maintenance charges ( suggesting that they would pay the electricity bills once they get my maintenance from the builder). What should i do in such a case.
You should get the information regarding yor payment to the builder in this regard in writing and hand it over to the society.
Alternately you can ask the builder to return the amount paid by you to him in this regard and you can give it to the society after that.
If you dont find proper response for both then you may pay the society the amount demanded and send a notice to the builder to refund the amount taken by him from you in this regard and you can follow it up through civil recovery suit.
Now because there has been some friction between the builder and the committee for the past maintenance accounts, this issue is not getting resolved. Can i request the society to pay the amount of electricity bills to the builder and then the builder can transfer my maintenance amount to the society.
You should not take shelter under the quarrel and rift between the builder and the society, it is your duty to pay the same either through the builder or by yourself and get it refunded from the builder in turn.
I have received a notice from society to pay 25,000, which I have replied by denying that it is not required and I am yet to get a response from them. Should I send an email to the registrars office?
If this amount is an unjustified and illegal demand, you may refuse to pay the same.
If the society insists on it then you may take a legal recourse to tackle the issue.