• Non-payment of maintenance by Old Land Owner and builder issues

Dear Sir,

I want to seek your advise following many issues in our apartment:
1. The old land owner who is holding close to 35 flats and is not paying maintenance for them, The outstanding is for 3 quarters now.

Query: How our association can force him to pay? (When we are approaching him, he is kind of quarreling and abusing, also showing mussels. As we all are always busy with our routine stuff, but want to resolve this issue. Please give your suggestions) 

2. About Builder: 1. It is now close to 1 year since we have occupied the apartment and close 6 months since we formed association. But builder has left all the pending work and not turning back to complete the work.
      2. Builder has not handed over any legal document to us and also we do not know the status of OC, NOCs from various departments or name and number of leagal documents we need to receive from builder. 

Please give me some light so that we can resolve all the above mentioned issues. Also let me know if you have good/competent advocate in Bangalore.

Thanks
Asked 3 years ago in Property Law from Bangalore, Karnataka
1) for recovery of  maintenance dues file suit to recover outstanding dues . 

2) move consumer forum against builder for deficiency in service . seek compensation  from builder for incomplete work . 

3) issue legal notice to builder to hand over building plans duly sanctioned by municipal corporation , builder completion certificate  etc
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
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all flat owners have to pay equal maintenance . the landowner is refusing to pay maintenance although he is holding 35 flats in your complex . contact a local lawyer and issue legal notice for payment of maintenance arrears . pass resolution in your meeting of managing committee of your association to file suit to recover arrears of maintenance . if inspite of legal notice the owner fails to pay you have no option but to file suit to recover the arrears
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0

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