Is there a mention of interest in the society bye- laws?
Regards
Maintenance Dispute with RWA
In 2008 we bought a flat in a society in GZB. Till Mar14 we had it on rent and every thing was clear with RWA as well, I mean no dues. Post Mar14, we could not let it out due to poor demand in the locality. Hence the flat was locked. Now society RWA wants us to submit the dues of Maintenance with interest (which is almost double), is this right? Do I have right to object the interest or maintenance in any way??
Asked 5 years ago in Property Law
Religion: Hindu
13 Answers
Basic maintenance charges have to be paid by you but there are some charges which ought to be paid only if someone is living in the flat. But that means that you should have informed the society. There must be a provision for that.
Otherwise you have to pay for the society's maintenance and upkeep.the interest part can be negotiated.
Regards
You can definitely resist the payment of interest, but I'm afraid you have to pay the maintennace, principal amount, accumulated as on date.
No - Maintenance need to be paid as a dues even if you are not using the flat .
Yes - Overcharging is wrong. Society can not ask for double the amount - You can discuss with them to either take valid dues , else file send a legal notice followed by injunction suit.
even if you are not staying in said flat you have to pay maintenance
2) RWA can levy interest for failure to make payment of maintenance dues
3) rate of interest would be as per bye laws
RWA can claim maintenance charges even you do not use the flat or it remains vacant along with interest for delay. However note it that law does not allow Claiming of interest at an high exorbitant rate. It is a common law as decided by in many court cases that RWA should charge not more than legal rate without any compounding effect for delayed payment. The legal rate of interest is 6% per annum.
So if interest is charged more than this you can challenge it in court.
Yes the society has right to demand the maintenance along with interest even the felt is locked.
The society shall file a suit to recover same.
Whether you flat was locked or not or was on rent or not , it does not mean to deprive the society from the maintenance charges so they are right you simply do by moving an application that to waive off the interest component and if they don't then go to the consumer court for the purpose.
Yes you have all the right. Complaint to Dy registrar also.
1.You are liable to pay maintenance.
2.Maximum penalty is 21% p.a. interest..
Not maintainance but non occupancy charges.
Whether you are occupying the flat or is being kept under lock without being occupied by anyone also, you may have to pay the maintenance which is common for all members of the RWA.
The RWA has right to charge interest for the defaulted period.
- As per the information mentioned in the present query, makes it clear that the RWA is asking something which is absolutely arbitrary for you.
- You need to understand one thing that when no one is there to use any of the facilities then there is no question of giving such charges and that is also almost double the amount.
- Now, you would have to make one thing clear that there should not be any such clause in the agremeent/ rules of the RWA.
- And even if it is there, still you should object to it as it is not acceptable for any person, as who knows where the excess amount would go, Will they have any records for the same or not, and how they may use the amount so get, but not used.