• Do proposed society has rights to charge Separate Maintenance

My building has not got Occupation Certificate , nor society is formed . Builder is charging Maintenance and i have been paying my maintenance to builder regularly . My flat is was on rental few years back now i am living in it. my proposed society which do not having society name bank account as till society is not formed, they do not allow account .But forcing me to pay double maintenance as i had giving my flat on rental i have been denying them as they don't have rights to have charge me maintenance now they are planing to harass me by cutting my water connection . so do propose society have rights to charge Maintenance. Also as per new law my room is under 500 carpet with has relief of property tax as announced in jan 2019 . and how does society charge for Maintenance
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Hi,

You are suggested to make no payment to society until it is registered and makes a separate bank account and also until it takes management control from builder. You are suggested to send the strong legal notice to society against their intended action of cutting water supply and other forms of harassment. You may also obtain an injunction order against such action.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client,

If you put it on rent than non occupancy charges are payable along with maintenance which is 10% of maintenance. For any adverse action, you can complain to society registrar or injunction suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

notification for relief of property tax has not been published yet 

 

2) water is essential service cannot be discontinued by society 

 

3) if you give premises on rent only 10 per cent of maintenance amount can be levied as non occupancy charges and not double the maintenance amount 

 

4) to recover maintenance from members society has to be registered 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

1. if society is not yet formed and registered then it cannot charge maintenance

2. also the maintenance cannot be charged from a back date

3. also if the maintenance is already paid to builder for a certain period then he has to pass on that amount to the society when formed, to the extent which has remained in his hands after incurring expenses for the maintenance from the collected amounts. 

4. the notification for amending the MMC Act for exempting flat owners from payment of property tax in case their flat carpet area is below 500, needs to be checked 

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1. A "unregistered" entity (Society /Association /Club) is legally an null & void and has no jurisdiction to collect any maintenance whatsoever, nor disconnect water /electricity or whatever.... in any way. Such Acts are criminally prosecutable offences (Intimidation, Harassment, Misrepresentation, Cheating etc....), BESIDES being offences under the Income Tax Act.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud etc...., against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No they can't charge you double rent it's illegal.  Society almost charges non occupancy charges which is at the most is 10 percent of the service charges of the society

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

See society is not.formed it has no right to charge maintenance further in case builder is taking care of society he can only ask maintenance he cannot form rules and cannot ask maintenance for tenants. Further they cannot touch water and electric supply.in case they do anything like that file police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Without registration of the society e register of societies and Chits no society can function and operate and collect common area maintenance charges from the apartment owners in case you have any such problem then you have to approach to registar societies and cheats to look into the matter of the Township which comes under his jurisdiction he can order the Builder to form a society in this regard and transfer the society to resident welfare Association for appointment of Executive body the decision of the executive body which must be rectified by the members after society in Annual General Meeting is binding to all the member for the payment of common area maintenance charges 

In case the society has disconnected your essential services then you can report the matter to the police and file FIR against those were responsible for and you have the option to go to the High Court against those who have taken this kind of action for the direction from the High Court

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Send legal notice for providing OC and file complaint before the consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The society which has not been formed yet cannot demand maintenance especially when the builder has not handed over the premises to the society and the builder is still collecting the maintenance amount from the members.

If they are simply threatening you then you may issue a legal notice questioning their authority or validity over their demand for maintenance and also can warn them that if they indulge in illegal activities like disconnecting the services towards basic amenities you would approach police as well as court for proper legal action through criminal as well as civil law for which they will be individually held liable for the consequences and the costs therein.

After that you can file an injunction suit against them restraining them from disconnecting the water supply connection or electricity service connection and also for costs besides giving a police complaint against the people who act in excess to their status.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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