Maintenance Before Posession
We bought a property in Pune. Here is history of that property
1. A group of people formed a society and registered it.
2. This society approached a builder to make homes for this society.
3. Builder started building home for this registered society, but did not give possession on time
4. Some members of society filed consumer cases against builder. Because of filed cases builder came under pressure and complete house construction but not as per registered agreement. In fact builder built extra floors and sold it to people outside society members.
5. Slowly people who filed cases started getting possession and started living in their home. Direct buyers who are not member of society yet also started living in premises.
6. Moment people started living in premises, question of maintenance arose. For some time builder provided some maintenance but than backed off without handing over maintenance to society citing lack of maintenance funds with builder
7. This forced society to start maintaining premises without official handover from builder. People who have taken possession started paying to society for maintenance
8. People who are yet to get possession and are members of society are not contributing towards this maintenance
9. But now society is asking such society members to contribute towards maintenance even if we did not have possession in hands
Is it legal to ask for maintenance from those who have not taken possession (Because of running consumer cases in which maintenance is also subjudice) but are members of society?
Moreover maintenance is being demanded from both builder and society? Not sure whom we need to pay?
Can you please clarify