We residents of esteem society in Mumbai need your advice against our following query.
We had taken possession of our Flat in Jan 2008 from builder and that time society was not registered, we had also paid fees for Ad hock committee.
We started receiving our maintenance bills which also had charges including of builder’s dues upon which we objected and was verbally confirmed that same will be cleared during process of receiving maintenance from builder but finally builder denied all payments to be made and the same amount was forced on us.
We were in process of getting same clarify from society which resulted delay in our regular bills since it also had builder’s charges with interest @ 21% PA which is very heavy for middle class citizen’s like us. We had had given many letters for complete bifurcation of dues with actual maintenance to be paid and interest amount calculated which society has not yet furnished.
We have received letter dated 7th November 2015 stating that society has decided in AGM that they have waiver the interest amount on the principle amount which was due before possession of flat and asking us to pay principle with interest on delay of regular maintenance bill amounting more than 400000/- (Four lacs ) on or before 31st December 2015 falling the same they will apply Deputy/ Assistance register co-operative housing societies act 1960 for recovery of outstanding dues as arrears of Land Revenue.
Sir we request you to guide us on following points.
1) Are we liable to pay charges which are levied before possession of our flat.
2) Before paying can we demand complete bifurcation of amount to be paid with break ups.
I C Naik
The facts are too scanty to reach a definitive status of builder’s demands. The law is builder has to submit details of expenses incurred on the proposed society before handing over. Against this amounts collected and due for each flat showing taxes and maintenance are to be informed in writing. If this is not done, the DR will not be able to certify dues in any case. Blind Demands are not liable to be honoured. So insist on full particulars. Be prepared to file a complaint to Consumer Court against Builder (Through CHS Preferably).