Interest cannot be claimed at 24 per cent from you

2) you are not liable to pay maintenance charges to society before registration

3) you have already paid it to builder

4) let society recover any dues from builder only

If you have the receipts for having paid the maintenance to the builder furnish the same to the society.

In the absence of the society you have paid the maintenance to the builder when the builder has demanded the same.

the society can not ask for the interest at the rate of 24% per year.

If you have any dispute with the society you can make a petition to the District Registrar of the Society of local jurisdiction, the authority has the right to resolve the disputes.

1. Was the said Society, which has been formed by all the flat owners, in operation before it was registered?

2. There is no bar in Society's collecting maintenance amount and maintaining the complex with out being registered.

3. Charging of penalty depends on the internal rule they have frame for smooth maintenance for the complex as passed by the society in its GB Meeting or by its directors.

4. In case of any objection, you can raise the matter before the Society either alone or with other members also during next General Body (GB) meeting or by calling a special GB meeting.

Society can claim Maintenance charges sincethey have taken over the society from the builder. the maintenance charges due can be asked to pay along with the interest only from the date they have taken over the society . in case you feel that their demand is a illegal you may complain to Registrar of societies for the directions.

No,

From which date court has find society`s existence.

Dear Concerned - No any money that was due before the forming up of the society was due to the developer and hence the money would have been paid to the developer. NOW if there were certain months where the builder did ot collected any money / you did not paid any money to the developer - those arrears will now be collected by the new management i.e the Society.

You can negotiate / argue on the interest part.

Best of luck

1. 24% interest in the first place is exorbitant, so it cannot be claimed. Refuse to pay it.

2. You had paid the maintenance charges for 2 years to the builder. Now you are under no legal obligation to pay maintenance to the society for dues pertaining to the period for which you have already paid.

Maintenance charges . THE FOLLOWING WILL CLEAR YOUR DOBUTS:

Are you paying maintenance charges for your property? The probability of the answer being a ‘yes’ is quite high. Most of us end up paying a hefty amount yearly as maintenance charges for our properties. However, there are several unanswered doubts about the same that several property owners face.

For instance, a common concern that flat owners in a society face is regarding the difference between maintenance charges payable for differently sized units. The legal expert on the consumer forum of Magicbricks.com – Open House – provides an answer to this. “The maintenance charges are fixed at per sq ft rate, and thus vary depending upon the area of one flat. For example, if the maintenance is Rs 2 per sq ft for a 1000 sq ft flat, monthly charge will be Rs 2000 as compared to Rs 3000 for a 1500 sq ft flat. In most cases the per sq ft charge is same and does not vary depending upon the size of the apartment.

So what does maintenance charges actually include and are the residents liable to pay only for those facilities that they actually use? “Maintenance charges include all the necessary costs required to maintain the building, common area, terrace, and other amenities including lift. For instance, whether a person is residing on the 1st floor or 8th floor, he is liable to pay for the maintenance of the lift,” says Asha Basu, partner, S Jalan & Company, Advocates.

Since when is a property owner liable to start paying these charges, is another concern that plagues several property owners. For instance, one user on Open House asked, “I own a flat in Navi-Mumbai which I have never used since possession. Am I liable to pay the maintenance charges? What are the consequences if I do not pay these charges till the time I start living there?”

Answering the query, the MB legal expert says, “The maintenance charges are applicable from the date the possession letter is issued. Thus, irrespective of the fact whether you have occupied the property or not, you are liable to pay these charges. Thus, it is advised that you clear all your maintenance dues failing which the developer will put interest on the dues as well.”

In the case you have rented your apartment, the tenant is liable to pay the maintenance charges as per the norms of the society. However, the developer or the society cannot charge different fee from owners and tenants. This is not legal.

Maintenance charges form a considerable part of the money that we spend on our property. Thus, it is imperative that we understand the nitty-gritty involved so as to avoid being deceived on any front.

1. You have been paying maintenance since the society was registered.

2. Now they cannot ask for the maintenance charges legally.

3. They cannot claim interest on it at 24%

4. In case of any objection, you can raise the matter before the Society either alone or with other members also during General Body meeting or by calling a special general body meeting.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Society can claim maintenance charges from the date of its formation, it is not necessary that it had to be a registered body on that date.

The society is formed by the members for the members, however in the interest of the members it should waive the interest for the past and it may enforce this law for all such future claims.

What is the bylaw saying about this?

You may go through the society bylaws in this regard and if any discriminating information is found you may bring it to the knowledge of the office bearers or the secretary and may seek rectification on that line in this regard.