90,000+ Legal Questions Answered

Apartment and association Apartment and association

5 years ago

I am owner of an amalgamated flat in an apartment in Blore. Due to extreme cracks on the exterior, there was rain water seepage in many walls and also through Electrical sockets in my flat. The association did only partial work and did not support for external paint without which the leakage would not stop. I withheld the maintenance for 3 months. Now they have sent circulars to all houses and put my name on the notice board and the Exe. Committee resigned after doing this. The association already owes me some amount as they were collecting 2 house maintenance though I have single khata, single area sale deed, single bescom meter, single parking. It took me more than a year to convince the association, by then they had collected excess amount from me....What action can I take against them for maligning my name in the apartment and also displaying Notice board. There were other defaulters also earlier...?

Deepak Yashwantrao Bade

Responded 5 years ago

A.Your legal right are not infringed by any society or association. Send legal notice and ask them for resolution.
Helpful
Helpful
Share
Placeholder image

Arjun Srinivasan

Replied 5 years ago

Thank you sir.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.You can issue a legal notice to the society.

Regards

rajeev
RJ Associates
Trivandrum
Helpful
Helpful
Share
Placeholder image

Arjun Srinivasan

Replied 5 years ago

Can I still get back the excess amount paid?

Placeholder image

Rajeev RJ

Replied 5 years ago

If you can prove that you have paid excess amount then you are entitled for refund the excess amount

Regards

rajeev
RJ Associates
Trivandrum

Placeholder image

Arjun Srinivasan

Replied 5 years ago

Thank you Sir, for the quick response. Yes I have the receipts. They even went to the extent of giving me two separate receipts though I have a single house of 3 bedroom....

Placeholder image

Rajeev RJ

Replied 5 years ago

So you mean to say that you have converted two flats into one flat and society is charging maintenance for two flats. In that case total square.ft area of two flats will be the basis for charging maintenance.

Regards

Rajeev
RJ Associates
Trivandrum

Placeholder image

Arjun Srinivasan

Replied 5 years ago

Yes sir, when I purchased the flat, there were no 3 bedroom flats, the builder gave a choice of merging 2 bedroom and 1 bedroom together and ensured that all legal documents (single Khata, single sale deed etc), are in place...when the association was formed later, they made me pay for 2 + 1 bedroom separately, which was much higher than the 3 bedroom maintenance...this happened for 14 months...then I objected and putforth all legal points, after which they agreed in one of the AGMs....but I never claimed the excess amount paid.....now when there is repair work, external wall cracks and water seepage through electrical sockets, they supported only partially...

Placeholder image

Rajeev RJ

Replied 5 years ago

If they have agreed to charge you for 3 BHK flat then you can seek for refund of the excess amount

Regards

Rajeev

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconInheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
question iconEWS Certificate
Dear Client, The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
question iconPOA from SriLanka to India citizen Resident Indian
Dear client, If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.