Society can recover maintenance charges only from date of formation
you you are not liable to pay maintenance charges prior to formation of society
admittedly builder had not raised any bills prior to formation of society
Recovery of Maintainance charges by Society for the period even before it was formed
Sir mine is bungalow property with some open plots and some constructed bungalow. I purchased a open plot in year 2009 and paid all money and got sale deed registered in Aug 2010. Developer had collected Rs 8000/- post dated cheque for 5 yrs as maintainance charges. However, society is formed only in Mar 2018. After my 5 post dated cheques were encashed by developer i stopped paying maintainance as neither the developer maintained the property decently and neither formed the society. Now the newly formed society in 2018 is insisting members to pay maintainance amount for the period left after 5 post dated cheque exshausted. My question is first developer failed to form a society even after 8 yrs. Isn't then developer himself at fault. Can society charge maintainance for such period where it didn't even existed. Secondly even before this society was formed in year 2013 NGT passed an order restraining plot owners to construct or develope anything on their vacant plot. This restraining orders haven't been lifted even today. Therefore, those having already constructed bungalow are reaping benefits of their investment in property and we open plot owners could neither construct bungalow but are asked to pay maintainance. Is society rightfull in demanding maintainance from open plot holders pending NGT restraining orders. Also i would like to say that conveyance deed of Common areas internal roads water tank have still not done in the name of society and is still under possession of builder. So it means society wants to maintain property which is not even in their own name. Kindly advise.
Asked 6 years ago in Property Law
Religion: Hindu
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8 Answers
Sir can you opine..since the whole society has been issued with restraining orders to stop any kind of construction by NGT pune still do vacant plot holders like us have to pay maintainance. Secondly, conveyance of common internal roads,open plots, water tank of society has not been done by developer yet. So we are maintaing property of developer as such.. Please advise.. Regards
Asked 6 years ago
You have to pay maintenance even if construction has been stopped
2) society should issue legal notice to developers to execute conveyance in favour of society
No they can't charge you maintenance in such manner but you need to pay for common expenses. You can file comtempt petition in ngt for non compliance of the orders
Prima facie the society's demand is illegal
It cannot demand maintenance retrospectively
Its simple logic that society cannot charge for past when it provided no services to the owners of plots who have now become its owners
If anyone who has a right to demand maintenance for the period prior to society formation, is the builder, with whom the property vested, before its conveyance to society
You will have to challenge the demand before registrar of co-operative societies
1. Society cannot seek maintenance for the period prior to the date on which it came into inception.
2. The order of NGT has to be perused to formulate an opinion.
No building constructed, question of occupancy / non occupancy dose not arise. for vacate plot , no maintainance payable.
The demand for maintenance amount by the society for the period in which it was not even formed is illegal and not maintainable.
You may refuse to pay the same and may ask the society to explain that under what authority or rule that they claim this maintenance amount, if they still insist on this then you may approach the registrar of cooperative society with a complaint against the atrocious and untenable claim by the society.
You may refuse to pay the same and ask them to issue notice to which you can give a proper reply through your lawyer.
The restraining orders of NGT in this regard is an advantageous situation to you since the claim by the society is illegal from the plot owners who have not even built the houses yet.
You can issue a legal notice to the society on the same ground and can drag them to consumer forum or to the cooperative court for relief and remedy.