Unfiar Levy of Rs. 1750/- in my maintenance bill by my co-op hsg society
I own a flat in a co-op hsg society Vasai. Every year, I am out of city for work for a few months & I return to my flat for 2-3 months.
In Nov, 2019 my society charged me an extra amount of Rs.1750 on my Nov 2019 maintenance bill.
On asking, chairman & secretary told me that residents of the flat right below my flat had leakage in their flat during the rains due to water seepage from my flat. So the society workers had to use a ‘Jhula’ in order to reach the three balconies of my flat from the building terrace for the repair job.
Workers had been allowed to enter my property without my express permission or even without the society office informing me about it. On questioning, the chairman said that they had 'sent' a letter to a very old, previous address where I had temporarily stayed on rent 13 years back before moving to this flat.
That letter never reached me.
The society watchman always drops every document - notices, maintenance bills, receipts, etc. – at my current flat through the door slot & in my absence my relatives regularly collect these papers & drop the maintenance cheques in the drop box outside the society office.
The occupants of flat right below my flat had complained about the leakage problem to us 3 times in 7 yrs & every time I had got it fixed (application of white cement in our balconies) that fixed the leakage. I bore all the expenses spending a total of about Rs.1000.
In my emails to the society office they have never answered my questions I have been asking for the last 3 months:
1) Why didn’t you try to call me or text me on my cell ph or email me or drop a letter at my current flat door asking for my consent or atleast inform me about your intention to enter & carry out the repairs at my premises?
2) I have asked you a number of times to scan a copy of the letter & the receipt of the courier company you used to send the letter (informing me or seeking my consent to enter my premises for repairs) to my last known address. Why haven’t you responded ?
3) In this society, there are so many people who don’t pay maintenance dues for years. I have been making advance quarterly payments regularly even though, I was only required to pay on a monthly basis & is this how I get rewarded by this society?
In email reply to me society said, ”without prejudice to our contention the society has decided to refund Rs.1750/-“ but in next maintenance bill they refunded only Rs.600/- & have charged me remaining amt as unpaid amount with Rs.20/- interest.
I have written to them 2-3 times to send me corrected bill so that I can pay but they simply don’t respond.
They have caused me enough of mental torture, harassment, & financial damages since I have to take time out of my work to keep writing emails to them.
Kindly let me know if we could sue the society for the wrong that they have done to me.