I have purchased a property from LIC which was seized under Sarfaesi Act. My apartment has not found any Association that is registered under societies act till date. After purchase I was asked to pay the maintenance and other charges. The previous owner at certain dues before it was seized by LIC. While the LIC sold the property and as is where condition, without any mention of maintenance dues of NOC is pending from the functioning unregistered Association, I was someone in the General Body Meeting and asked to pay a lump sum of 35000 to get the maintenance and amenities. On refusal I was threatened to get the water disconnection so I was forced to pay the money under threat. I want and immunity from the pending maintenance dues and adjustment of the amount paid towards the future maintenance or recovery from the association
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Dear Query Raiser,
In the captioned matter you may issue a notice from a Lawyer to the Office Bearers of the Unregistered Society. The Threats given by the association members are illegal and are of criminal nature without any Authority. You may also file a compliant against the concerned people. The Association if aggrieved would have contacted the agency at the time when the said unit was sold under SARFAESI.
Regards
Property was sold on as is where is basis
2) you have to pay outstanding dues of earlier member then only would you be admitted as member
3) you would not get any immunity for pending dues
True that it is as is where, but Bank has sold with justification on its property right with all procudures including sealing property, issuing legal and newspaper notices to person and for public and myself have circulated paper notice is any body has cliam on the said property through a lawyer. But no body approached the bank. Association is not registered under society registration Act, so that any legal communication can be possible. Nor there is any intimation to seek NOC from the members of Association to the Bank. Then how is the liabilty standing and who will be the authority to take up such issue of liabilty to resolution. It should not be a Threat of majority, without a satutory status of the body.
Registered association has to be formed of all the flat owners
It can then raise bill on all flat owners
3) further water is a essential service and cannot be disconnected by association
4) if association disconnects water supply file police complaint against committee members
1.You have purchased the property on as is where is and as is what is basis against the sale notice published by the lending Bank.
2. It is customary to enquire about the dues of the property by the intending purchaser before bidding for it and it includes, inter alia, dues to the electricity department, maintenance etc.
3. There is an Association maintaining the complex wherein the said flat is situated and the fact that the Association is not registered does not matter much legally.
4. After the purchase of the said flat, you have inherited the liability of payment of the outstanding standing in the name of the earlier owner of the flat which you shall have to bear legally.
5. However, please note that the Association can not deprive you of the basic amenities and facilities like water and electricity for your refusing the pay the maintenance (for yourself or the earlier owner), as per the Judgement passed by the Supreme Court.
1. Do note that you being the new owner of the flat under no legal obligation to clear arrears of the erstwhile owner.
2. The unregistered association has no legal sanctity to take coercive measure to pay the past dues.
3. It can't disconnect electricity ir water connection. So rest assured on this account. It is a crime and if they do you can lodge complaint against office bearers with local police.
4. So there is no need to succumb to unlawful demand.
1. It is not a fact that legal communication is not possible with the association for its not being registered.
2. The Association has no claim on the said flat. The maintenance payable to them by the earlier flat owner is due and is claimed.
3. The fact that there is no intimation to you for seeking NOC from the Society does not absolve you from liability of clearing the outstanding standing in the name of the earlier owner on account of the maintenance of the said flat which was sold to you on as is where is and as is what is basis.
4. You could have refused to pay the said amount for which they would not have been in a position to disconnect water and electricity but would have been in a position to file a suit against you for a direction upon you to pay the said arrears with interest, damage and cost.
I basically deal with SARFAESIn matters before DRT/DRAT and appear before the High Court in connection with such cases.
I am the empaneled lawyer of few Banks such problems/agitations regularly appears before DRT/DRAT, Kolkata for which the matter was clear to me for answering your query.
However, you can write to the portal administrator for correcting the rating you have entered inadvertently in my name as informed by you.
If the property was sold as is where is basis then the dues towards maintenance pertaining to this property including the electricity charges if any pending are also to be paid by the buyer.
You cannot agitate on this because the condition of the purchase was agreed by you.
If you state there the society is an unregistered body then what prevented you to initiate legal action against them when they threatened to disconnect the water supply and electricity supply
Even if it was a registered society, it cannot disconnect the supply of essential services.
You could have got an injunction against the society
When you failed to take action against them at that time, you cannot grumble over the issues now because the it is as good as you have accepted everything then because it was the necessity at that time and now at leisure you are coming out with the rules which is non-existent especially when you have agreed to all the conditions and acted upon them.
If the association is not formed, bye-laws not framed, accounts not maintained, election not conducted in accordance with AP promotion of construction and ownership act, 1987, then the association is illegal for all intent and purpose and cannot claim any charges. Therefore, you can take necessary documents from the association and file a complaint before the real estate regulatory authority and claim for damages and injunction.
