Society maintenance outstanding

Querist : Anonymous (Querist) 31 January 2020 This query is : Resolved
My tenant had given 12 days post dated society maintenance cheque for period April17 to Sep17 on 3rd April 2017 to society admin for and received a revenue stamped receipt from society admin. Society admin deposited cheque with checking date and because of this cheque was bounced on 10th April 2017. I owner of flat sent a email on society official email address and society secretary agree the fault of society admin and assured me through email that society admin will not repeat such mistake again and he requested me to issue a new cheque. On 11th April 2017 my tenant again issue society maintenance cheque of same date and received revenue stamped receipt from society admin. In July 2017 society issue a NOC which was requested in June 2017. My tenant vacant my flat on October 2017. Till now I am regularly paying society dues on time. Two days before I received a society notice regarding society maintenance outstanding with interest. Principle amount is 10151 and interest charge is 19500. Kindly suggest me what should I do.

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A flat owner is seeking advice after receiving a notice for outstanding society maintenance charges and interest, despite previously resolving an issue with a bounced cheque due to the society's admin error. The owner paid the maintenance on time subsequently and received a NOC. Now faced with a significant interest charge, they need guidance on how to respond to the notice and potentially recover costs from the tenant.

SHIRISH PAWAR, 7738990900 (Expert) 31 January 2020
Dear querist,

As society has sent notice you have to pay dues, you cannot avoid society dues. Later on you have to recover from tenant.

Regards,

Advocate Suneel Moudgil (Expert) 31 January 2020
1. make a reply to the notice and ask for the clarification,
2.contest for the interest amount

kavksatyanarayana (Expert) 31 January 2020
Yes. Society due shall be paid by you. First, pay it and issue a legal notice to the tenant.

Dr J C Vashista (Expert) 02 February 2020
Mr./Ms Anonymous,
How and why did you keep silent on the issue since July 2017, if your story may be presumed to be true ? Why the Society did not raise the issue of "outstanding" maintenance since July 2017, which is required to be collected in "advance" ?
You are concealing fact from experts before seeking an obligation.
If your story is true, it is advisable to consult/ engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

Raj Kumar Makkad (Expert) 04 February 2020
It shall be better for you to put all relevant facts before the experts especially reasons leading to your long silence.

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