My society is registered in 2013 and still there are some unsold flats with builder. I have purchased a flat from builder in Dec 2017 and took possession in Jan 2018. Society had a resolution in Dec 2017 GB and started to collect maintenance charges Rs. 1800 monthly from all members from Jan 2018. While purchasing the flat, I had paid advance society maintenance charge Rs 60,000 to builder. So when society demanded me the maintenance charges, I follow up with builder and he transferred the whole amount to society against maintenance. So now society has all the amount which I paid for society maintenance. Still society is asking me to pay monthly maintenance charge separately. I have given letter to them stating that I would pay regular maintenance only after the advance maintenance amount get exhausted. Society has not clarify about what they are going to do about advance society maintenance charge that i have paid to society through builder. For the same reason that I haven't paid maintenance charge, the society has hold my Share Certificate also. Please guide me whether society's demand of monthly maintenance charges (regardless society is having my advance maintenance charge) is legal or not and what legal steps I need to take for maintenance charges and to get Share Certificate from them. - Thanking you
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Lawyers are available now to answer your questions.
1) society demand for maintenance charges is not justified as advance maintenance charges have been transferred to society
2) issue society legal notice to return your share certificate
3) if society refuses complain to deputy registrar against society
You can approach the consumer court for wrongful charge of maintenance.
1) First you, builder and society need to get output on Rs.60,000/- for what purpose builder has charged you this amount be specific on this in detail and later it has been transferred to society's account. So now what is society's role towards this amount plus how much you need to pay monthly maintenance from January 2018.
2) After getting above questions answer you can act accordingly. If you're satisfied by their answer then continue with them otherwise you can make complaint to sub-registrar of Co-operative housing society.
Dear Sir,
Get issue a legal notice and file a representation before deputy registrar of concerned department who will conciliate the matter. They cannot withhold your share certificate you can approach Civil court for a direction.
Sir you need to check if there is any clause of advance Maintenance under any bye-law or circular by AGM if not then they have wrongly charged and you have right to recover same a notice can be given to the society for recovering rest of amount and for the share certificate.
A suit or a consumer complaint can be filed if society on notice fails to revert or adjust the amount.
Your societies demand is blatantly illegal. Have they refused to hand over your share certificate to you, on you demanding it? In that case, you can approach co-operative court
The maintenance charges paid as advance to the Builder is normally paid to the society as a lump sum amount for all the apartment holders and the amount is kept as a sinking fund to have a bigger repair in case it is required it is required that you have to pay your regular maintenance charges as other Surfing in case you are making default in payment of you normal maintenance charges the society may disconnect the services to you and you will not be able to participate in the election of the society.
The lumpsum amount paid by you should have been adjusted towards corpus fund.
That has nothing to do with the monthly maintenance charges.
You may clarify this and start paying the same if what is told here is confirmed.
Society's act is completely illegal
The advance maintenance paid by you to builder and having been transferred by him to society, should take care of your maintenance outgoings till the time the sum gets exhausted
Only thereafter you are liable to pay further maintenance charges
Society thus cannot compel you for second time and also withhold your share certificate
Please write to district deputy registrar of coop Societies complaining against the society act
If you dont get any response then you will have to file a dispute case in a co-operative court
You can first issue a legal notice to society and mark that letter to deputy registrar of coop society
Follow up with that letter by filing a RTI application if you don't get any response
Intimate society that you will recover all legal expenses from it due to the controversy created by it
many soceitys will keep that advance amount as corpus fund. just clarify with Society about your advance payment money status and get it solved
Hi, Where can I get copy of JUDGEMENT or RULE regarding society/builder can not ask for maintenance charges prior to possession date ?
why you need a rule for that?
its simply common sense
if possession is not given, you are using the premises and the common areas and amenities, the building is still under construction, then where is the question of charging maintenance?
Minor error in response above is corrected as below:
if possession is not given, you are NOT* using the premises and the common areas and amenities, the building is still under construction, then where is the question of charging maintenance?
It is well settled law that builder cannot deliver possession of flat until,OC is issued
2) maintenance charges can be leiveid by builder only after delivery of possession
There are judgement of RERA of mumbaiRERA tribunal which says no maintenance prior to OC and pissession. You will need judgement at time you file complaint and argue.
you dont need a judgement. It is a law that builder has to clear all the dues before the possession and handover date.
you can approach your advocate or you may approach a bar association library in a nearby court within your jurisdictions and get a copy of the judgment of your desire.
MAHA RERA has recently held that there is No need to pay maintenance fees till you take possession. You may take reference of the said judgment
