Hi, I bought a resale flat in Pune in Aug 2011. The maintenance dues of 40K have been paid for 3 yrs by 1st owner
and posession was given in Sept 2009. The flat was vacant till April 2011. The agreement between first owner and
builder clearly states that the amount is for 3 yrs and he will revise the amount based on inflation after 3 yrs
have been completed. The builder is claiming he has exhausted the amount and demanding Rs 3000/- per month.
Construction is still on for 6 more buildings located in same premises. Society has not been formed and builder is
refusing to form until construction is over. I have few questions based on this situation:
1. Is the agreement between 1st owner and builder still binding on the builder considering I am 2nd owner?
2. Isnt the builder responsible for maintenance till he has finished and formed society?
3. He has started using maintenance money from Day 1. My understanding is that he needs to safegaurd it and
handover when society is formed. Is this correct?
4. My flat has been occupied for just 8 months. Does Sept 2012 deadline apply to me? Can this date be extended
based on occupation date?
5. He is threatening to stop water supply. Can he do it?
6. What should I do? Pay him or wait till 2012 or beyond?
7. What action can I take against him based on your answers for 1 to 6?
Maharashtra coop housing society - dues recovery
Society wants to claim maintenance dues before its formation date. Chairman and secretary have claimed that certain amount was owed to builder and since society has been formed, this amount is now owed to them. They have been showing it as "maintenance not paid" though monthly maintenance is being paid without fail ever since society was formed.
Can they claim it? What action can be taken against them?