Maintenance charges
9 months ago
I own a pant house and it's on the top floor of the building, when I bought my flat I had a low water pressure & owner informed me that once the society is incorporated they will install the pressure pump to resolve the issue. After when society was formed I raised my point and initially, they agreed to resolve the issue and I paid them maintenance charges for two years. In the meantime, the overhead water Tank started leakage and spoiled my furniture due to seepage. I stopped paying Maintenance charges and requested to resolve the issue First. Now the society had filed suit against me in Local Court and made heavy pressure to pay the maintenance charges. Do advice on what to do, how the law can protect me, and help me resolve the issue I am ready to pay if my issues are resolved.
You cannot stop the payment of maintenance charges as per the Byelaws of the Society on the ground of deficiency on the part of the Society. Instead, you can bring your complaint before the Registrar of the Society and can file a complaint against the Society/Service provider before the Consumer Court for deficiency in service that caused damage to the property in spite of repeated requests and regular payment of maintenance charges. Reach out to an Advocate for guidance and steps.
Pent house itself is illegal construction and it cannot be purchased by anybody. You can prolong the matter like that only without paying the maintenance charges.
Review your purchase agreement and society bylaws: Carefully review the documents related to your purchase agreement and the society's bylaws. Understand your rights and responsibilities as a member of the society and as an owner of the penthouse.
Document the issues: Keep records of all communication, including emails, letters, or any other correspondence, related to the low water pressure and the damage caused by the overhead water tank leakage. Take photographs of the damage caused to your furniture and any other evidence that supports your case.
Engage in negotiation: Try to communicate with the society's management committee or relevant representatives to resolve the issues amicably. Express your concerns and provide evidence of the problems you have encountered. Request a resolution plan and a timeline for resolving the low water pressure and leakage issues.
Seek legal advice: Consult with a lawyer who specializes in real estate or housing law to discuss the specific details of your case and get legal advice tailored to your situation. They can guide you on the best course of action, assess the strength of your case, and represent your interests in the legal proceedings.
Respond to the court summons: If a lawsuit has been filed against you, make sure to respond to the court summons within the designated timeframe. Failure to respond can result in a default judgment against you. Your lawyer will help you prepare a suitable response to the lawsuit.
Explore alternative dispute resolution: Depending on your jurisdiction, you may have the option to explore alternative dispute resolution methods such as mediation or arbitration. These processes can help facilitate negotiations and potentially resolve the issues without going to court.