Maintenance Issue Maintenance Issue

3 weeks ago

We own a flat in two floor group house set up with a pent house over our flat.We faced severe roof leakage problem because of pent house slab issue and they didn't respond to our problem and eventually we had to fix their slab completely making it like new one on our own because its damaging our house.We stopped paying maintenance ever since because there is no association or society which can help us in such matters and moreover our flat is a vacant one.Now some of the apartment people including the pent house owners who caused us issue started asking for maintenance clearance citing some repairs and we feel that there is no body who helps in such matters when we spent so much and we are the ones again to become a victim.No association there is to support us at the time of dispute but when it comes to collecting money they come to us.We need a way to avoid this because there is no support during disputes and when it comes to common problem repairs atleast there is association and bylaws to make us abide.But we paid earlier regularly and only now we stopped following the issue.

Anik

Responded 3 weeks ago

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A.Dear client, there is no legal remedy for giving or for not giving the maintenance fee for the apartment if there is no soceity or RWA present. You have to deal this issue with mutual understanding.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 weeks ago

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A.Dear Sir,
Pent house is illegal; construction and you may seek a relief of mandatory injunction to demolish the same either filing a civil suit or approaching High Court directly and at the end the matter may be ended in compromise.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
Typically this kind of problem is commonly faced by the residents of a standalone housing complex across the country. In the absence of Society or bylaws, problems are usually resolved on mutual understanding even it is unacceptable to you because if you try to resolve one legally, the situation may be worse than before if the other residents create problems one after other. So, try to resolve the problems wisely and amicably for peaceful co-existence
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