Ass charge interest on delayed payment in protest

This query is : Resolved 
 

Online (Querist)
15 May 2021

Sir/Madam,
We reside in apartments having 1112 flats, in Chennai. Completion certification obtained for block wise in 2014,2015 nd 2018 There were 4 associations and free for all situations for about 4 years thanks to builder’s nasty act. Two associations had been deregistered and other two merged to become one. The association charging maintenance but incurring expenses for club house which is got registered somehow in builder’s name and UDS is neither a part of common area nor distributed to flat owners. Buyers paid 1.5 to 1.75L as life membership fee to builder.
STP CTE was given in Dec’2019. According to Association (AGM minutes & other communications), till date STP is not functional/not taken charge and so is the case with Fire Hydrant systems. Deviating from CMDA approval they CREATED COMMERCIAL SPACES, approx. 2000 Sq ft overall. One of approved commercial cafeteria is under lock & key by a third party since 2018 and third party not surrendering key and arm twisting. Security system became so weak because of absenteeism and turnover. WTP is not functional and residents keep complaining about black water. But association /FMS keep charging full maintenance and additional water charges 500/-pm.
ITR was not filed for two years in between and filed for AY2020-21.
Who is responsible for non-compliances and any untoward happens in future?.
Can the assn. charge for water without any Resolution?
Can they spend for club house?
Can they charge interest on delayed payment in protest?
What are the solutions in front of disgusted residents?
Thanks


T. Kalaiselvan, Advocate Online (Expert)
17 May 2021

All your questions have answers in the bylaws of the association.
The association management committee is responsible for the maintaining all these issues and update its members.
As a member you can point out all these discrepancies to the association in writing and seek its reply for the remedial actions taken in this regard.
If the association is not responding nor complying with the demands made, you may drag the association to the consumer forum or even the cooperative court for remedies including compensation.



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