Maintenance non payment for 15 months
Vinod Srivastav
(Querist) 07 April 2017
This query is : Resolved
Hello experts ,
I live in a society in Chennai for the last 31 years , for the last 15 months thing have gone really bad in my society because of which i had stopped giving maintainence. The reasons are :
1. I live in the 3rd floor ( the last floor of my society) and the Lift in a shaky condition , no licence available to run the lift and it is still running (massive risk of life).
2. The terrace is above my cieling and has been repaired twice but it is leaking and the upper turf is peeling out as well.
3. Lot of birds around and the society stinks with pigeon droppings.
I have informed the committee many a times but they dont appear to be serious and they ask me to adjust.
The value of my residence is gone down as new upcoming societies are valued at 60% more than our existing value because of lack of maintainence.
The committee has now served me a notice asking me to pay the maintaince else i will stand to loose services and amenties of my society.
How do i defend my act ?
Guest
(Expert) 08 April 2017
You may take up the problem along with proposals of jobs through a resolution in the AGM spelling the jobs for the MC to be carried out towards improvement of the services of the society. If resolution is passed by majority vote, the MC will be bound to carry out the improvement in services.
However, becoming a defaulter in payment of the society dues is not advisable. Otherwise, possibility of your resolution for not getting due attention may not be overruled that being from a defaulter member.
Guest
(Expert) 08 April 2017
Usha ji,
Thanks for agreeing with me.
Vinod Srivastav
(Querist) 08 April 2017
Agreed i am a defaulting member & my refusal to pay the maintenance is on grounds of non-performance & invalidity of "Common Amenities & Services".
Also i had sent a letter to the association to know the amount of expenditure incurred to get the terrace work done 2 years back and there has been no response till date.
The association has ganged up and the work is carried out as per the whims and fancies hence i was forced to become a defaulter.
Now if i go out of the way and get the default amount paid it would i have bowed to their pressure tactics and my problems will not get solved.
Does holding the maintenance completely weaken my case ?
Guest
(Expert) 08 April 2017
What I felt appropriate in your own interest, I suggested you. Now, it is your prerogative to adhere to my totally free advice or to ignore that by using your own wisdom.
Now all that depends upon you whether you prefer to get proper service or to sdatisfy your ego. Nobody can bar you to satisfy your ego by wasting money and precious time through court trials if you don't prefer to adopt a cooperative route to get service regulated by making the MC realize their duties and responsibilities in a convincing manner and in line with the prescribed in your society's byelaws.
However, if you are bent upon to adopt some expensive and time consuming manner, you may better hire services of some local lawyer to work at your own whims & fancy.
Guest
(Expert) 08 April 2017
Rajendra ji,
Thanks for agreeing with me.
Kishor Mehta
(Expert) 09 April 2017
Sir,
You have to take recourse to other suitable approaches for the redressal of any and all of your complaints, however you can not stop payment of society maintenance charges. This is a grave offence.
Good luck,
Kishor Mehta
Dr J C Vashista
(Expert) 12 April 2017
First of all clear your dues then ask the Managing Committee to maintain the facilities, which the committee is bound to do.
If oral request is not considered, put it in writing along with other members (as many as you can get and agree with you)followed by a notice for calling GBM as prescribed in the Bye-Laws of the Society/Rules/Act.
Discuss with a local lawyer for further query, guidance and proceeding.
