• Maintenance amount provided but not collected

I've recently bought a property in Bangalore. 12 months annual maintenace has been paid to the builder with a clause that if an association is formed before the 12 months, the residual amount would be handed over to the association. Now the association is formed (without informing us) and seems that the association has not been handed over the money.

The association now says that it is for us to collect the money and hand over to the association otherwise they will disconnect water (and possibly backup electricity)

The builder says that we should pay the maintenance to the association and take up a civil suit against the builder. (possibly the association executive council does not bother the builder very much since many of the executive council members still try to get some favours from the builder in his other projects)

Now we have already paid around 37000 rupees which paying it again to the association and then taking up a civil suit with the builder (who is far more economically well off) is very troublesome.

Could you please advise on what to do
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) water and electricity are essential services and cannot be disconnected by the association 

2) if the association disconnects water and electricity lodge police complaint against association 

3) if builder fails to hand over maintenance amount collected from you then you can move consumer forum against builder and seek orders to direct builder to Hanover said amount to association

4) also seek compensation for mental torture undergone by you and litigation costs 
Ajay Sethi
Advocate, Mumbai
44300 Answers
2572 Consultations

5.0 on 5.0

1.Do not worry. The associations can cut off water or electricity connection as the same is not permissible.
2. You being the new purchaser is not supposed to bear the burden of your seller ,more so, when the seller has already paid the money to builder.
3. in that event the association can recover the money from the builder and if they do so they are welcome.
4. However you are not going to suffer any action on this account at least through legal means.
Devajyoti Barman
Advocate, Kolkata
12530 Answers
161 Consultations

5.0 on 5.0

In this situation it is better to file a suit against the builder and make  the association a party to it, and get a stay on the society of  disconnecting essential services.
The association can ask you the money as they are not obliged to collect it from builder, 
If you are not a member yet in the association , the association can disconnect the water supply, whereas once you are member of the association and stop paying maintenance, the association cant disconnect the f water any other services, but can recover the amount with interest  by filing petition  before the concerned authority. 
The builder ought  to  have transferred the amount collected for formation of association or towards maintenance 
It is true that you will end up in spending money in terms of getting an order form the court, but at the same time the litigation charges can be asked from the opposite party.
Present situation it is necessary to take the builder to court. so you have to chose the option best suitable for you in terms of money, that is either pay to the society and suffer the loss otherwise go to court make both builder and association parties to the suit and get a stay on societies threat of disconnecting services .
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

1. Water and Electricity supply can be disconnected by the association only if it has borne the water and electricity expense, and not otherwise. For mere failure of the members to pay the maintenance charges the association cannot disconnect the water and electricity supply. The utmost it can do is to file a civil suit for recovery of the arrears. 

2. You can file a civil suit for injunction against the association to restrain it from disconnecting the water and electricity. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

You have to take some legal action against the erring people at any stage.

If the association is an unregistered body, you can question its authority and can also make a complaint against the illegally run association if they try to disconnect the essential services.

You should not be afraid of the influence or might the people may appear to have. 

You can even drag them to consumer forum.

The builder cannot give such an irresponsible reply.

He can be dragged to consumer court or even a police complaint for cheating or misappropriating the funds can be lodge against him and teach him a lesson for his arrogance. 

Consult a lawyer in the local and be prepared for the legal war against the culprits who misbehave misusing their power.
T Kalaiselvan
Advocate, Vellore
34455 Answers
372 Consultations

5.0 on 5.0

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