1) society should sue the builder to recover arrears of maintenance charges
2) society ought not to have transferred flat in your name unless maintenance charges were paid
Society maintenance due of builder
I have purchased flat from builder after society formation. There was some society maintenance dues when I purchased flat from builder. Builder was given verbal commitment he will pay all society dues and also he mentioned in possession let that, "Purchase is liable for dues from purchase of the flat". Now situation is society demanding old maintenance charges + delay charges which was not paid by builder. I am paying regular maintenance to society from purchase date. Builder is not paying old dues to society, he is only saying I will discuss with Society committee and pay. Please let me know what action we can take on this issue? Thanks in advance
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
- Why did you purchase a flat, which you had knowledge that it wasn't free of encumbrances?
- Now what you can do is move the consumer Court against the builder.
- Come to my office by taking appointment to carry this forward further. [deleted]. ([deleted])
1) Ask builder to give him in writing on his letterhead and you should not held responsible for the same.
You can pay the old charge to society and issue legal notice to builder asking the charges and indemnify you.
8n case builder fails to refund the amount file a suit before the civil court.
You need to send a legal notice to the Builder to pay the outstanding dues after society in case builder denies to to pay the outstanding charges you need to approach to the consumer forum against builder and also made resident welfare Association one of the respondent
You can file a case against builder in Consumer court to payment of such charges to Society
Give a final notice to the builder calling upon him to close this matter finally, anyhow. Incase he fails to do the needful despite your final reminder, issue a legal notice to him in the instant matter.
Builder is liable to pay arrears maintenance charges.
Issue a legal notice to builder through an advocate to pay arrears of Maintenance and give him 15 days time if builder fail to clear arrears then file a complaint at district consumer forum.
Send a legal notice to the builder for the payment of the dues and if he does not do so then file a case against him in the consumer forum for the deficiency in services and the fraud.
Regards
1. You are not liable to pay maintenance for the date prior to the date of delivery of possession to you.
2. A suit for permanent injunction can be filed against the society to restrain it from denying any service to you or disturbing your right to peaceful enjoyment of your property.
1. You are liable to pay ONLY "AFTER" date of purchase of the property. Builder is liable to pay till the date of Sale of his property.
2. Society under any circumstances CANNOT legally demand any money prior to date of purchase of the property and grant of Membership.
3. If the Society harasses you, THEN file a grievance petition before the local Consumer Court, for the Society's harassment, negligence and deficiencies and claim damages and compensations.
Don't go verbal now as per the possession letter you have to pay the dues but if he builder was agreed to this then you should at least have to be taken in writing his version at the time of purchase if he is agreed now then take a written assurance from him in the name of the society chairman/president and submit the same in the office of the society.
You can issue legal notice to the builder instructing him to pay the maintenance amount which was due before selling the property to you and to approach the society for this
Failing to comply with the requirement you may ask the society to initiate legal action which can be challenged in the court
Dear Sir,
Get issue a legal notice to builder and ask him to pay the dues i.e maintenance charges.
- As per the information mentioned in the present query, makes it clear that you have already paid the amount to the builder at the time of buying the property, but is the builder who has not been paying and society is asking from you to pay the pending charges.
- It is the default of the builder as well as the society who didn’t raise any objection when the earlier owner left with dues. At least they should have written a communication to them asking for payment.
- And if the property is purchased for the first time by you as a first owner then the liability is on the builder to pay as promised.
- You should write the same to the society in the form of a legal notice to stop demanding the charges from you, but to ask the builder.
- If they stop then its ok otherwise you will have to approach the court of law.