You a have to produce bank statements to substantiate your statement that payment was realised
receipts which are issued are subject to realisation
Builder asking for maintenance charges after 4.5 years despite showing receipt copy of payment
4.5 years ago a tenant was in my flat and was paying maintenance charges regularly. The maintenance payments were taken over by the flat society 3 years back. Now all of a sudden the builders accountant who has mismanaged his accounts claims that there was no payment of maintenance 4.5 years back which needs to be paid now with interest.He had a done a similar thing in the past but we proved him wrong by showing him the receipts.This is the the 4th or 5th time he is doing this and on this last occasion I showed him the receipt with his signature that payment was made at that time with a cheque. Despite that he says that the payment is not showing in his records and that I need to provide a bank statement stating the the amount was paid to them from the account. Is this legally allowed? The tenant has long left the country and has closed his bank account.I even enquired with the bank ,if getting a statement was possible however they said the tenant himself has to get the statement from his branch in Bangalore.But this is not feasible as he has long left the country and closed his account.This builders accountant has sent this sort of outstanding payments email to multiple other residents who have complained.Some have paid the money to avoid the hassle.But this seems to be a recurring theme. The problem now is the building society have said they would keep a higher maintenance for the residents who have outstanding payments to the builder and reduce the maintenance payments to the ones who have paid or the ones who have no dues to the builder.The society have said that the residents need to deal with the builders accountant directly to sort the matter,how they are happy to implement this increased maintenance charge to some residents.I would greatly appreciate input from property lawyers as i think what is happening is illegal as this is a long time ago and I have provided a copy of the receipt.
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
If you possess proper records of all payments of maintenance charges to the builder, the society cannot ask you for payment of any arrears now. For any increase in the maintenance charges, the society should have passed the necessary resolution at its AGM in accordance with its bylaws. Otherwise, it cannot legitimately collect higher charges. Please call for or demand to inspect the society's records evidencing the resolution. If there is no such record, refuse to pay the increase.
In the first place no maintenance can be recovered after lapse of three years. You need only to provide prima facie proof of payment of maintenance. Asking for bank account after closing of account is not practicable and law will not allow that. The society can check it its bank account to verify payments. This is an attempt at extortion. You have proof of this practice by the accountant. Issue him a lawyer's notice warning of criminal action for extortion. That is only the appropriate action against him.
The receipts in your possession to prove the payments made already would be sufficient.
If he is not accepting it and insisting on bank statement, you may ask him to give the demand list in writing to which you can give a fitting reply by enclosing the copies of the receipts for the payments already made.
The society cannot increase the maintenance amount to adjust the claim made by the builder for the earlier non payments.
The society has to confine to its interests alone and should snot meddle with the builder's grievances.
If at all the society is demanding higher rate of maintenance owing to the builder's list of non payment of earlier maintenance amount, you may issue a legal notice to the society to refrain from making such illegal and exorbitant demands or else a complaint would be lodged with the registrar of societies.
You can issue a legal notice to the builder too mentioning about their demands made again with fraudulent intention to extort money whenever they feel like and to refrain from indulging in such illegal activities or else a complaint with the police would be lodged for the offences of extortion and threats.
You can contact an advocate to assist you or issue a legal notice if you cannot handle the matter by yourself.
- If the said tenant has paid the maintenance charges regularly , then after a gap of 4 to 5 years then builder cannot claim the same after losing his account records.
- further, legally the said builder also cannot recover the amount beyond the period of 3 years .
- You can send a notice to the said tenant to provide you the details of the statement which showing the payments , and if not possible then take an authority letter from him which allow you to take the statement from his bank.
- Further, you can issue a legal notice to the said builder through a lawyer.
Dear Client,
He does have the right to ask and clarify if the payment has been done or not and this can be satisfied by the receipts. It is not legally correct for him to ask this through your bank account statements as it is a breach of privacy when you already have receipts in hand.
Thank you
You can approach consumer court, dy registrar or rera authority if it's applicable to you.
Dear Sir,
The custodian of records is the builder and the Society as such you are not supposed to maintain receipts of 4-5 years in respect of payment of maintenance by your tenant. The matter cannot be reopened at this remote date.
Any due after 3 years can not be recovered.
Being soft doesn't result good all the times.
Issue a legal notice to builder accountant.
If they want to claim then they have to approach court to recover for which you already have receipts.
also, you have to tell the society that they have no locus standi on any dispute with builder.
