you can send a legal notice and file a case in district consumer forum .
Old dues for apartment maintenance not paid by builder and seller
Dear All, I have recently purchased an Apartment, it was a tri-party agreement between builder and seller(investor) and myself. please note the Seller (investor) booked this apartment few years back but did not register the property. we have processed loan through reputed bank and the sellor(investor) has furnished all required documentation including "no dues", no objection from builder company to the bank. the registration was done in September by the builder(GPA) and witness signed by investor-seller. my bank loan cheque payments have all been made to the seller's existing loan account and etc. now at the time of possession the apt association has informed me that maintenance dues have not been paid by builder or seller for past 6 months. it is a huge amount with penalties running into thousands. where as the builder's own maintenance period ended in march 2018 and from April 2018 association has taken over The builder says they have informed seller earlier and seller denies the same. i have an email from seller promising to pay all dues till august, which i asked him to send before collecting final cheque payments. please let me know if this case can be admitted in consumer courts? or any better way for me to get the dues.....I am being stopped from getting into possession by association thanks in advance
Asked 7 years ago in Civil Law
12 Answers
1) there must be indemnity clause in your sale deed wherein seller agrees to indemnify you in case any claims are made
2) you can sue seller to recover said maintenance amount with interest
3) you can file complaint before consumer forum also as tripartite agreement executed with builder and seller and no dues certificate issued to you
Dear Client,
Association cannot obstruct you from taking possession. It`s illegal. You can call the police.
You can file consumer complain against both builder and seller.
Dear Sir,
It is the duty of the seller and builder to put you into physical possession of apartment irrespective of their disputes regarding payment of maintenance dues. Better issue notices to all the concerned and also the party who issued NOC and threaten them to file not only consumer case but also criminal cases.
society cannot stop you from taking possession
all flat buyers pay the maintenance to the builder who holds that amount as a trustee and uses it only for maintaining the property
when society is formed and the control and management of the property is handed by the builder to the society, the builder has to also handover the control of the funds which he collected from the buyers towards maintenance costs
so in this case you will need to ask your seller to show you the proof that he has paid the maintenance to the builder
if he has the proof then you can show this proof to the society
the society will then have to recover that amount from the builder and it cannot stop the member i.e. you from taking possession
check in the no dues certificate given by builder whether he has mentioned about receipt of maintenance charges from your seller
Sir send a legal notice to the builder and the investor seller for the payment of the deficient amount and mental harassment for not letting you in by the association pending the dues.
IF they fail to clear same i would advice you pay the amount and then file a consumer complaint for the recovery of same before the district consumer forum.
You have the option to claim the amount from the investor who has sold the flat to you this is not the responsibility of the Builder however in case the society was taken over by the resident welfare Association then no due certificate must have been obtained from the society as well.
Please speak to the investor to pay back the outstanding amount of the society as the society has the overriding rights on its dues in case of denial you may complaint in the court under section 420 and 506 against the investor for non payment of the outstanding maintenance fee and not informing about the dues outstanding
Hello,
Since your claim is against the seller therefore the case can not be filed in the consumer forum.
You have to take your claim from the seller since he promised to pay all the balance til august.
Send the legal notice to the seller and thereafter institute a case against him in the civil court.
Get in touch with a local lawyer.
Regards
Hi, the association cannot stop you from entering into the apartment, even if the dues is pending for a perticular apartment..You can approach and take help of police officials for taking posession...Secondly , to recover money file a civil suit for recovery in court against the seller and the builder ..
1) In Sale Deed have mentioned indemnity clause. If it is mentioned than seller has to clear all dues regarding said flat.
Please file a case before Consumer Court for deficiency in service against the builder and seller both narrating all the grounds mentioned by you here, you have a strong case, peacefully first take the possession and file case thereafter.
If the association is restricting your entry for this reason, you may first pay the dues and collect the same from the seller.
You can issue a legal notice demanding the same, let him deny, after that you can file a money recovery suit against the vendor to realise the amount you have paid to the association.
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