Recover maintenance from the flat owner for the period before society formation
2 years ago
Our society was formed in the year 2019. Before that, for 2 years builder was managing society maintenance by collection charges from the flat owners who have the possession. However, some of the flat owners have not paid the maintenance fee to the builder for those 2 years even after taking the possession of their flats. Now, how a society that was formed in year 2019 should recover the maintenance charges and interest for year 2018 and 2017 from the defaulter flat owners.
A.Dear Sir,
You may take an endorsement and authorization from the builder to the effect that he has not received maintenance from the listed flat owners and that you are authorized to recover the same by any mode known to law. Thus, you can get issue a legal notice and if not paid the arrears of maintenance then you can file a suit for recovery of such amounts.
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You may take an endorsement and authorization from the builder to the effect that he has not received maintenance from the listed flat owners and that you are authorized to recover the same by any mode known to law. Thus, you can get issue a legal notice and if not paid the arrears of maintenance then you can file a suit for recovery of such amounts.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Hello sir
Kisi bhi society ka norman karne se pahle society ka bylaws banaya jaata hai ki society kaise work karegi. Iske baad usko registered karaya jaata hai registrar office me. Ab dekhna wali baat yah hai ki kya aap ki society registered hai. Agar registered hai tab uski ek karyakarni banai gai hogi like president. Secretary. Finance minister. Etc inme se sabhi ko power division ki gai hogi. Ab aap apni society ke byelaws ki study kare or usme dekhe ki society ka legal work dekhne ka works kiska hai. Jin logo dawara aap ko maintenance ka money nhi diya gya hai aap advocate ke dawara legal notice bheje sakte hai. Agar notice ke baad bhi aap ko money nhi milta hai tab aap court jaa sakte hai case file karne ke liye.
Ab vicharniye question yah hai ki aap case kaya karoge. Case kon sa karna hai vah aap ki society ke bylaws me likha hoga. Ki maintenance na dene ka karan unke virudh kya karvahi ki jaa sakti hai. Ki kya unse maintenance ki rashi court dawra vashul ki jaa sakti hai.
Kyonki sabhi action aap ki society ke byelaws me hoge.
Ab agar aap ka society ka registered nhi hua tab kya hoga tab bhi aap ye hi action le sakte jo aap ki society ke byelaws me likha hoga.
Agar aisa kuch nhi likha hai tab society ke maintenance ki jimmedari society ke padadhikari ki hogi.
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Kisi bhi society ka norman karne se pahle society ka bylaws banaya jaata hai ki society kaise work karegi. Iske baad usko registered karaya jaata hai registrar office me. Ab dekhna wali baat yah hai ki kya aap ki society registered hai. Agar registered hai tab uski ek karyakarni banai gai hogi like president. Secretary. Finance minister. Etc inme se sabhi ko power division ki gai hogi. Ab aap apni society ke byelaws ki study kare or usme dekhe ki society ka legal work dekhne ka works kiska hai. Jin logo dawara aap ko maintenance ka money nhi diya gya hai aap advocate ke dawara legal notice bheje sakte hai. Agar notice ke baad bhi aap ko money nhi milta hai tab aap court jaa sakte hai case file karne ke liye.
Ab vicharniye question yah hai ki aap case kaya karoge. Case kon sa karna hai vah aap ki society ke bylaws me likha hoga. Ki maintenance na dene ka karan unke virudh kya karvahi ki jaa sakti hai. Ki kya unse maintenance ki rashi court dawra vashul ki jaa sakti hai.
Kyonki sabhi action aap ki society ke byelaws me hoge.
Ab agar aap ka society ka registered nhi hua tab kya hoga tab bhi aap ye hi action le sakte jo aap ki society ke byelaws me likha hoga.
Agar aisa kuch nhi likha hai tab society ke maintenance ki jimmedari society ke padadhikari ki hogi.
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BANDARU RAJYA LAKSHMI
Responded 2 years ago
A.Dear client,
Let me know your society is registerd or not. If not registered kindly registered it under societies registration Act. First you have to send legal notice to the defaulters on behalf of the society for recovery of the maintenance charges. If they did not respond positively file suit against the defaulters on behalf of society.
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Let me know your society is registerd or not. If not registered kindly registered it under societies registration Act. First you have to send legal notice to the defaulters on behalf of the society for recovery of the maintenance charges. If they did not respond positively file suit against the defaulters on behalf of society.
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A.Hello Sir/ Madam,
You can raise this issue to your respective AGM, bring this matter to your builder's notice since he was responsible for 2 years collection. Consult your Legal representative and issue a legal notice in the defaulter's name.
Thank you,
If you find this response useful please rate me.
You can raise this issue to your respective AGM, bring this matter to your builder's notice since he was responsible for 2 years collection. Consult your Legal representative and issue a legal notice in the defaulter's name.
Thank you,
If you find this response useful please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
As far as genuine defaulters are in question the issue can be raised in the AGM if any, or you can send them legal notice through your legal representatives. In the case where the maintenance was collected by the Builder, you should bring this situation to his notice as well to verify the whole situation and collectively refer it to a legal representative.
If you find this response useful please rate me.
As far as genuine defaulters are in question the issue can be raised in the AGM if any, or you can send them legal notice through your legal representatives. In the case where the maintenance was collected by the Builder, you should bring this situation to his notice as well to verify the whole situation and collectively refer it to a legal representative.
If you find this response useful please rate me.
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Harshit Kedawat
Responded 2 years ago
A.Firstly send the notice to the flat owners on behalf of the society and if the flat owners continue to default then file suit for recovery against the defaulting flat owners. Also, register your society and form bylaws mentioning penalties in case of default in paying the maintenance amount.
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