I have a shops/showroom in a commercial mall here in Jaipur. The mall is 5 floors high and the 5th floor is a private property of ours and thus so is the roof. During the building of the mall the builder installed a chiller unit for central cooling of the mall on the roof. Besides the builder has not fulfilled certain other requirements according to the agreement. The mall is almost 7-8 yrs old. Because of the pending issue with the builder we have not been paying the society maintenance charges and only one of our shop is actually rented out. Now the society has asked us to pay back the pending maintenance charges from all these years through a legal notice. Our argument is that the society has been using the roof , where the chiller unit is installed, which belongs to us and has to pay us in turn the charges as per going rates in the area.
Are we right in assuming this and what future course of action should we take.
Asked 8 years ago in Property Law
Religion: Hindu