The society is registered in Mumbai, in 2013. The builder had handed possession to flat owners in 2009 and collecting monthly maintenance. There was leakage issues within one year (required to be addressed by builder as per sale agreement), pending addressing of that problem owner has not paid maintenance since 2010.
The Society after its formation in 2013 is demanding arrears of payment due to builder from 2010 to 2013. The owner has paid all the monthly maintenance dues to society after its formation since 2013, only due to builder is not paid as leakage issue is not addressed. Further even the society is neither addressing the leakage issue nor allowing the member to address it on his own. Also it has asked the member to sort out the same with the builder.
The query is whether society can claim for prior period maintenance due to builder?. Can society be made responsible for addressing the leakage issue? What option does the member have in this case? The society has sent notice for recovery u/s101. Is the same maintainable?
Would be grateful for your opinion on the above issue and same will help to decide the further course of action.
I C Naik
1.Maintenance cannot be held up for any reason except it was a wrong demand so better pay it up even belatedly with interest.
2.file a complaint in CONSUMER COURT OF THE DISTRICT FOR deficiency in service with joint respondents the builder and the society.
