I purchased flat as second sale in January 2016 and from that day i am paying regular maintenance Now after like 3 years they are asking me for builder money which he has not paid to the society Firstly i am in second sale i am not liable to pay any builder money to the society as that was the cause they would have not issue share certificate on first owner name and transferred to my name And secondly i have also paid sinking fund, entrance fee and society fee and all which should be paid by the owners at the time of construction The society is not even refunding me that money
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How can we ask for sinking fund refund amd other charges which society took from me which j am not laible to pay as i am a second sale
This is my response to you:
1. You should be more clear about your query;
2. Are you the second purchaser of the flat?
3. You can send a legal notice to the society;
4. You can also approach the consumer court if the society is still harassing you;
5. Consult a local lawyer and take steps.
Any previous dues payable by first owner if not paid and you purchased without NOC, your liability to pay and recover from seller.
What do you mean by builder money ?
You are not liable to pay society builder dues
2) let society sue the builder to recover money due and payable
entrance fees are payable by you
society transfer charges are payable by seller
You can sue society to recover money wrongly claimed from you
See you can file.recovery of that amount from first owner and further can ask society to legally recover the amount from.first owner as you are not liable now to pay same amount.
Recover that amount from the first buyer give him a notice if on notice he fails file a suit for same.
You are not entitled to pay the same you can object to it
You will have to pay the maintenance charges demanded by the society. The society can make the demand of maintenance only from the member and not the person who has ceased to be a member (seller).
However, you can claim the same from erstwhile owner, from whom you had purchased the flat if it is mentioned in the agreement for sale/purchase that all the liabilities and outgoings in respect of the flat shall be borne by the seller and the seller shall keep the purchaser indemnified against the same.
If the society is asking you this amount orally then you can orally refuse to pay the same mentioning that you are not liable to pay the previous funds, it was their duty to collect the same from builder and not from you.
If they issue a notice or demand the same in writing then you can give a reply in writing mentioning the same reason and refuse to pay any amount.
If they indulge in any activity harming you or depriving your rights for basic amenities, then you can take legal action against the society through consumer forum.
You may issue a notice to the society demanding the refund of the sinking fund and other charges paid by you to the society citing that you have paid them even though you were not liable to pay them, hence demand refund of the same within a time stipulated in the notice, failing which you may inform that the society will be dragged to court for recovery of the same as per law.
You should serve them a legal notice for refund of sinking money through your advocate and also mention that you are not liable the pay the fund balance toward society before your purchase of flat.
Also serve a legal notice to seller and builder for clearing their dues towards society which was due before your purchasing date.
