Maintenance charge on a redevelopment project

Suraj Sonule (Querist) 09 December 2021 This query is : Resolved
My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50,000 in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

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Quick Summary

A property owner is facing a significant dispute over maintenance charges and interest levied by a redeveloper on a shop and room since 2007. The redeveloper claims to have paid these charges and is now demanding a large sum, including substantial interest, which is not reflected in the original agreement. The owner has also paid a large sum under duress and is seeking ways to recover it and challenge the inflated charges, especially as the builder is withholding property registration.

kavksatyanarayana (Expert) 09 December 2021
You have to pay the maintenance charges as per rules mentioned in the bylaws of coop.housing society. For any grievance in the redeveloped CHS, you shall report to the Deputy Registrar of Cooperative Housing Societies and mark a copy to RERA.

Dr J C Vashista (Expert) 10 December 2021
Show the Bye-Laws of the Cooperative Society to a local lawyer for better appreciation and professional advise as you have made the facts very complex.

P. Venu (Expert) 10 December 2021
No definite suggestion is possible unless the documents are perused and facts ascertained.

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