SOCIETY MAINTANANCE CHARGES FRAUD SOCIETY MAINTANANCE CHARGES FRAUD

11 months ago

AT THE TIME OF PURCHASING THE PROPERTY I HAVE DEPOSITED A MAINTENAINCE CORPUS AMOUNT IN THE SOCIETY BANK ACCOUNT AS REQUESTED BY THE BUILDER IN THE FORM A ONE TIME MAINTENAINCE. NOW AFTER 3 MONTHS BUILDER IS ASKING FOR ADDITIONALLY MONTHLY MAINTENAINCE WHICH WAS NOT NEVER DISCLOSED EARLIER AND ANY SUCH RELATED THING WAS SUPPOSE TO BE PAID FROM THE MAINTAINENCE CORPUS WHICH IS ALREADY PAID IN THE FIRST PLACE. NEED ADVICE ON VALIDATY OF THE CLAIM BY BUILDER

Anik

Responded 11 months ago

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A.Hello,
As per the infromatio have given , if you have paid the amount then you might have recieved the receipt as well show it to the concerned person.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Your query involves following points to be clarified at the outset-

1. Whether any association/society is formed and registered at the time of purchase of property
2. whether the maintenance of the property is in the hand of Builder at the time of purchase of the property.

As regards point No.1, in case there is a registered Society at the time of purchase of property Builder cannot ask for payment of maintenance to the Society because once the society of owners is formed maintenance of property passes in the hand of Society and following the provision of bye-laws of the Society you are required to pay maintenance charges.

As regards Point No.2 if society exists Builder cannot ask for payment of additional maintenance to the society at all.

Get in touch with the registered Society, go through their bye-laws and resolve the matter accordingly.
In case there is no society, go through the contents Deed of Conveyance of the property particularly the contents of the schedule of Maintenance governing the subject matter in absence of Society and take up the matter with the Builder failing which you may approach the Consumer Court for relief.
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Vidhi Samaadhaan Vidhi Samaadhaan

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