File complaint against builder before consumer forum and seek orders to direct builder to pay maintenance for unsold flats
2) also seek litigation costs and compensation for mental torture undergone by you
Builder not paying maintenance charges
Our apartment complex is in Kochi and builder did not register the Owners association for 8 years. Most of the owners being NRI's were not aware of the same. Subsequently, the owners on their own came together and registered their association under Society act. Now builder refuses to pay maintenance for his unsold flats on the plea that he is not part of the registered society. Further he has rented three of his flats to Goondas to trouble the residents who again do not pay the maintenance. request suggest legal remedies.
Asked 4 years ago in Property Law
Religion: Other
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6 Answers
First mistake you did by not registering the association under Apartment Ownership Act which is more flat owners friendly.
Anyway refer to the society bye laws to take punitive actions on defaulting members.
If they cause disturbances lodge complaint with local police.
Send a legal notice if not resolved file consumer complaint against him
Dear Client,
You may file a case rither in RERA or Consumer Court.
The RW Association is a registered body and is eligible to sue the builder.
Hence the association should first issue a legal notice to the builder to pay the maintenance charges regularly or proper action as per law would be initiated for recovery.
If they have given the flats on rents for goondas and they trouble the association, then the association as a body can register the complaint against the goondas for their criminal and illegal activities against the association with the local police and escalate the matter to the top police officer if the local police do not cooperate.
issue a legal notice through an advocate and file complaint against builder before district consumer forum.
