Co-operative housing society related

Querist : Anonymous (Querist) 01 August 2011 This query is : Resolved
Dear Expert,
I Reside in a Coop Hsg Society in New Panvel.
I bought the flat from the old owner in March 2010. Before that the society as collected the contribution from each member for repair work.The old owner has paid the contribution before getting the NOC from selling the flat.
The society did not do the work till Jan 2011 and decided to return the contribution to the members of society. I have paid the contribution in good faith to the Old owner as the fund was not utilized till his tenure.
Now the society denying that the funds cannot be refunded to me as its not paid by me.
in case if the society takes a stand to take the contribution once again i have to pay once again for the same work for which society has collected the funds already.
Please advise if the stand of society is right.

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ajay sethi (Expert) 01 August 2011
1)do you have any documentary evidence that contribution for repair work has been paid by seller?
2)has the society given any receipt acknowleding the same ?
3)when flat is sold all deposits etc lying of member gets transferred in name of purchase r and generally a letter is furnished by seller to the purchaser and society to that effect .

4)in your case if that has not been done please obtain letter from seller that amount received by him from you included contribution for repair work .

5)based on said letter request society to refund the money to you as you have already paid the seller the repair contribution .

Querist : Anonymous (Querist) 01 August 2011
Dear Sir,

Thanks for your quick reply.
The society has the details of the contribution in the records.
I can get a letter from my seller.

I want to convince the society that if the contribution is already paid by the old owner for some work it belongs to the flat and don't has any effect because of change of the ownership.Also I believe this will have a no connection to" if i have paid the contribution to the seller or not". Because when the property is bought as is where it is.
Can i give any reference of rule for this.

please add your valuable comments.

ajay sethi (Expert) 01 August 2011
when society raises a bill it includes repair charges . after payment is made society gives receipt that payment has been made .

society may or may not have records . do you have the records . ?

in addition when you entered into agreement with seller there must be a clause in agreement that all deposits etc have been transferred to buyer . all miantenance paid upto date .

Querist : Anonymous (Querist) 01 August 2011
Sir,
By record i meant the society has a duplicate copy of the receipt where the contribution was paid by the seller to society for this work. Also as you correctly said the agreement has the clause of transferring the deposits to buyer. I this these this will be of help for clearing my stand.
Thanks a lot for your kind help in this matter.

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