Respected Sir,
I purchased a newly constructed flat on the 7th floor in 2011, in a old 6th storey building which still now is not conveyed to society (formed and registered with registrar of societies in 2003 by the then existing members) by the builder. The builder had constructed 1 floor (i.e. 7th floor) above the 6 stored old building with the consent term with the society managing committee.
Now the society has not made me a member of the society nor has they made any of the other 8 flat purchasers as members in the society whereas applied for the membership with society in 2014 with all forms and undertakings filled and submitted to society and also Rs.100+ Rs.500/- paid for membership fees and share fees already credited to the society account in 2014. The managing committe of the society had some vengene against the builder or not sure what the problem is !! so none of the new flat purchasers (9 flat purchasers) on the 7th floor have been given membership till date.... The society started charging all the 7th floor flat purchasers maintenence charges (excluding property tax) all of a sudden in 2013 with billing starting since 2011. The bills were unnamed with only flat numbers mentioned. I sent several letters to the society stating that the bill is not in my name and also they have not made me as the member of the society so how can they charge maintenence charges against my flat. The society said I have a flat in the society so I have to pay, since I am staying in the flat so i have to pay. I did not pay the maintenence bills till date whereas the remaining flat purchasers in the 7th floor started paying after lot of coercion by the managing committe by using all illegal tactics and threatening, but till date I did not pay.
Now they have recently sent a Notice U/S 101 of the society's act for recover of maintenence dues to me. I consulted with some friends who are office bearers in few other societies. some of them say the amount is not payable and some say it is payable.
Can you please advise if the amount shall be legally recovered from me by the society ?? what action will they take ?? will the society registrar of society give an verdict against me favouring the society's arguments ???
I am really worried and do not know what to do ?? also need a good lawyer to fight the case right if required.... please advise.
Rgds,
