Payment of old maintenance due to builder / society
I would like to draw you to a problem which some of the members are facing and I request you to please help with a suitable solution for the problem.
Builder had not handed over the society to the members even after five to six years of completion of construction and he use to collect maintenance charges for which he use to provide serviceability of lift, common electric charges and pay for sweeper. However, he never use to provide the audit of accounts. The residence use to approach the builder to form a society and handover the same to the members which the builder denied through RTI we came to know that the builder had indeed formed a society but was not handing over the charge to the members. Some of the members who were active stopped giving maintenance charges to the builder and then the residence approached the registrar and requested him to handover the society. Registrar following all the rules and handed the societies affairs to the members. On this the builder sent a letter along with a list of members who has not paid the maintenance charges and threatened that he will sue a case against the defaulter. Now the society which was formed says that the members who has not paid the old maintenance should pay the same to the society.
Points to note : As there is no audit for the period the truthfulness of dues are not known.
Is the new society who has not incurred the expenses during the period liable to collect the old dues.
Is the due amount payable IF Yes to whom as the builder has not submitted his willing of same to be paid to the society. IF No what is the rule
Sir, I request you to please update me with some case reference where the honorable court might has given any judgment on this type of problem