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Tapan Kumar Dutta   13 April 2024

Collection of maintenance from owners offlat/apartment

Can an unregistered association/society collect maintenance charges from a home buyer?



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 5 Replies

Mr. Sumitra kumar (Advocate)     13 April 2024

There is no impediment in collection of maintenance charges by an un-registered society.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     13 April 2024

Even an unregistered society/assocaition which has been incharge of collecting maitenance from the member/owners can continue to do the same however the unregistered assocaition can neither sue nor be sued..

Sudhir Kumar, Advocate (Advocate)     14 April 2024

uregisered body cannot compell remittance.

Tapan Kumar Dutta   17 April 2024

The secretary of the unregistered association of a flat collecting maintenance charges but he failed to maintain the overall maintenance like maintenance of building and cleaning of common areas etc. Moreover there is no Bank account inthe name of such unregistered association and entire collection of maintenance may be kept in his own pocket or in his own Bank account. In this situation what the owner of flat can resolve the problem.

 

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

This act is termed as misappropriation or fraudulent activity. Hence he is liable to be punished under criminal laws.

you can gather few people and lodge a crimnal complaint against him for the said offences and also stop paying him any maintenance amount in future 


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