you are not liable to pay old outstanding dues

2) society should recover it from seller and not given NOC for sale of flat

3 refuse to pay old dues of Rs 93000 . let society sue the seller to recover its dues

1. A member /Flat-Owner becomes liable for maintenance charges ONLY from date of Letter of Possession and NOT BEFORE, in any manner whatsoever.

Keep Smiling .... Hemant Agarwal

you mean to say it was unsold flat?

2) then MHADA has to pay till flat was sold to you

You are responsible for the payment from the date of possession offered to you from MHADA not from the date of formation of the society. If society is looking for the outstanding on untransferred property it may claim from the MHADA.

1. The owner of the property of a resold flat is not bound to clear the arrears of maintenance charge, if any remaining due to his seller.

2. So your liability to pay the maintenance only from the date of purchase or date of taking possession.

3. there is no question of payment of old arrears which the society may have been claiming along with interest.

4. You can to redress the grievance lodge complaint with the Registrar of the Society.

Hi , you can file civil suit for permanent injuction in court against the notification of society and can obtain a stay order on the same ..

Your question: the society is insisting us to pay old the balance due along with interest Rs.93,000/-. Please advise us what we can do?

Answer:

You have the following options:

1. You don't need to pay maintenance before the date of possession;

2. You need to pay the dues only after you have entered the flat and taken physical possession;

3. You can send a letter to the society to drop the maintenance charges and cancel/withdraw all the invoices raised against you;

4. If they don't listen then you can send them a legal notice;

5. If they still don't listen, then you can approach the consumer court and file a complaint;

6. The National Consumer Disputes Redressal Commission in the matter of Runwal Developers Pvt. Ltd. and Another Vs. Dinesh Hegde and Another, whereby it was inter alia observed that the flat purchaser shall be required to pay maintenance charges only when the possession of the flat has been given to him;

7. In the case of, Hermione Mary Salazar vs Mr. Anthony H. Silva, the State Consumer Disputes Redressal Commission reiterated the importance of section 6 of MOFA and protected the rights of the allottee regarding the payment of maintenance.

Hello,

Hire a local lawyer and send them a legal notice asking them to stop demanding the money astgey have no such rights.

Regards

See, you need to go through the terms and conditions of the contract if any.

But, if not then don’t give any extra amount on the name of interest.

If they still force you then file police complain against them for threatening.

But, if there is any such clause which talks about interest then you are/May bound to give as it sometimes depends upon the interpretation of the law also.

When was the property sale deed registered to your name?

Buyers should know that there is a lock-in period for five years for the buyers during which they cannot sell the flat but can rent it out to earn rental income.

You can pay the maintenance charges from the date of registration of sale deed to your name or possession whichever is earlier.

If you have received a demand notice, you may give a reply stating that you can pay as per rules only and not as per their whims and fancies, ask them to cite the relevant rules in this regard because arbitral and unjustified bye laws made by passing resolutions in this regard is not legally valid and not enforceable in law when challenged.

We got direct possession from MHADA. not from seller

Based on a complaint filed by a Borivli resident who had booked a flat in Gorai, the suburban district consumer dispute redressal forum has pulled up Maharashtra Housing and Area Develoment Authority (Mhada) for levying maintenance charges of Rs 67,200 on a buyer for a period that precedes him even taking possession of the flat.

The forum has penalised Mhada for causing mental trauma to the buyer, and directed it to pay an amount of Rs 10,000 for the same. The forum has also asked the body to pay Rs 5,000 towards the complainant’s litigation charges.

Therefore the demand made by the society for maintenance for the period before possession is not legally valid.

You are liable to pay the maintenance only from the date on which you are put in possession

The society can claim arrears of maintenance with interest from MHADA and not from you

Society's demand is illegal

See if the agreement in MHADA states that you need to pay dues from forming of society and you agreed to same then only you can be made liable to pay dues otherwise society cannot ask dues from date of possession.

Reply society stating that there demand is illegal and they cannot recover the dues before your possession.

MHADA is liable to clear all previous dues.

In case society take any action file an complaint with registrar of societies and file a complaint with district consumer forum for the mental agony and illegal demand.