Refund for one time expense after the sale of the flat
Refund for one time expense after the sale of the flat
4 months ago
Sir, I had a flat in one of the apartment associations in Bangalore. When I was looking to sell the flat, association started collecting money for one-time expense for some work with BBMP. I paid 2 installments out of 5 at the time of selling. Rest of the three installments were paid by the person who bought my flat. Now the associating is not going ahead with the planned work for which they collected money and are refunding it. I am requesting for refund of my portion (2 installments) to me, but the association and the buyer are refusing saying that the refund of even my portion should go to the buyer of the flat. As it is one-time expense and not a corpus my claim is that I should get the refund for whatever amount I paid before selling. Kindly request your advise.
In the given situation, you need to go through the bylaws of the Association that governs and regulates all the activities of an association. If the association acted against the provision of bylaws, then you may approach the Regulatory/Competent Authority appointed under the State-specific Apartment Ownership Act placing your documentary evidence of payment of one-time expenses collected by the association for the sale of the flat for a resolution in the matter.
Typically, such expenses are prorated based on the ownership during the relevant period. If you paid two installments before selling, and the buyer covered the remaining three, a fair approach would be to refund your portion directly to you. Your claim seems reasonable, emphasizing that it relates to the period when you owned the flat. You may consider engaging in a constructive discussion with the association, presenting your case based on these grounds. If the issue persists, seeking legal advice to enforce your rights in this matter could be a prudent step.
Thankyou
