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Transfer fees

 

(Querist)
20 October 2018

Hi,I bought one flat 2 years back .In sale agreement there was one clause stating clearly "seller is liable to pay any maintaince dues,electricity and transfer fees to society".After we entered our new home ,Builder left society and we came to know that he handed all reponsiblity of society to a local man who reside in our society and is also a agent.
After few months ,That guy started managing responsiblity of society like water ,maintenance other stuffs.He also starting selling flats that were unsold before builder left.
Now he is demanding transfer fees from us.What should i do in this case.I had already showed him my sale agreemnet that seller is liable to pay transfer fees because we had that in clause of agreement.Seller is no more in this city and neither he is picking call.What legal actions should i do because that guy whom builder had handed over society is threatening to stop our water faclities. even if i am paying maintenence fess of society from last 2 years.
Please solve my problem with legal solution
1.Am i eligible to pay transfer Fees?
2.If yes then whom should i pay,Builder is nowhere and that guy dont have any proof of his position if he is chairman or secretary
3.If the seller is liable to pay and he is not available what should i do
4.Guy is threatening to stop our water and electricity connection can i take a legal action against him..even if i am eligible to pay transfer fees?
5.What documents should i demand to know that guy is real responsible person(chairman/secretary) of society


KISHAN DUTT RETD JUDGE (Expert)
21 October 2018

Dear Sir,
My answers are as follows:
1.Am i eligible to pay transfer Fees?
Ans: It is the responsibility of builder as per the terms. Ask that guy to approach the civil court.

2.If yes then whom should i pay,Builder is nowhere and that guy dont have any proof of his position if he is chairman or secretary
Ans: That guy is not authorized person
3.If the seller is liable to pay and he is not available what should i do
Ans: Settled law of the land says that basic necessities cannot be cut, if that guy does so then approach and/or civil court and get issue a legal notice for damages and compensation.
4.Guy is threatening to stop our water and electricity connection can i take a legal action against him..even if i am eligible to pay transfer fees?
Ans: Yes, you are entitled to take legal action as above though you are liable to pay transfer fees. Only civil right accrues to get the amount recovered through proper course of law and not by short cut methods like by stopping water facility.

5.What documents should i demand to know that guy is real responsible person(chairman/secretary) of society
Ans: Registration of the society its Bye Laws and resolutions.
Please mark “LIKE” if satisfied by my answer.

Isaac Gabriel (Expert)
21 October 2018

Is the society registered ? Whether the houses were handed as per the stipulated conditions ie remitting the statutory taxes to the local body ? None other than the local body can discnnect the water and services. However, you can take the society into task if anything detrimental done against but the 'guy '.



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