Repair and maintenance charges to society

vijaya (Querist) 14 March 2013 This query is : Resolved
I own a flat at kendriya vihar co-op hsg society, kharghar, navi mumbai.
The society had demanded Rs.15000 as repair charges from every owner to be paid in 2 installments of Rs.7500 each in the year 2010.
I paid my 1st installment of Rs.7500 in May,2010. but the society failed to initiate repair works giving the excuse that it will not be started till 90% of the members of each bldg pays up the charges.
The condition of the bldg deteriorated day by day, worst in monsoon, due to severe leakage i was compelled to shift out and rent a flat.
My constant requests to start repairs fell on deaf ears and all the while the society went on asking me to pay remaining balance of Rs. 7500, which i didnt, though i was regularly paying the maintenance charges to the society every quarter.
finally in Jan 2012 i stopped paying maintenance charges and wrote a letter to the society again explaining my condition and asked them to compensate my maintenance charges for 6 quarters(Rs.1200 per quarter)with the Rs.7500 i had paid for the repair works which have not been started till today.
i was planning to restart paying maintenance charges from july this year.
But last week, society has sent me a final notice that i must pay all my arrears (including maintenance charges and 2nd instalment for repairs,with interest)failing which strict action will be taken against me under Mah.Co-op hsg soc. Act.
I want to know:
1) did i do the right thing in stopping payment of maintenance charges asking the society to compensate my maintenance charges for 6 quarters(Rs.1200 per quarter)with the Rs.7500 i had paid for the repair works?
2)isn't the society liable for an explanation as to what they have been doing with that Rs.7500/- for almost three years now?
3)kindly advise what i should do in the present circumstances.
Best Regards.

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Khaleel Ahmed (Expert) 14 March 2013
You are advised to obey the orders of the society in the interest of all co-residents.

Raj Kumar Makkad (Expert) 14 March 2013
1. No, your action of stopping the maintenance charges is not legal and justified what ever conditions may be.

2. You have every right to ask from the society about the fate of collected amount in the name of repairs..

3. It shall be better to make the payment of arrears of the maintenance with due interest with a letter seeking explanation about the use of already collected amount of repairs and further detailed plan for repairs. You should pay the balance amount of repairing cost only thereafter.