Apartment maintenance dispute towards various dimensions in the size

Get an association / RWA formed, registered, take necessary decisions by majority of members in General Body Meeting of members qua payment of maintenance charges and proceed. 

Good morning and thank you for the response sir.

Other flat owners are not interested in formimg a legal registered association or RWA. Instead with the influence of the builder, with Rs. 100 stamp they mentioned rules according to higher sized flat owners and builder's benefit (does not want to pay maintenance for unsold propeeties).

You be concerned and confined to  your problem alone.

As you have decided to fight it legally, you can proceed with the propose3d legal action.

The agreement made in a non judicial stamp paper is not valid and cannot be enforceable.

If they disconnect the basic amentities you can give a police complaint, report to the civic authorities and file a suit for permenant injunction against the persons who are responsible for this

Thank you for your promt responses sir

You are welcome.

One final clarification sir; 

in case if i initiate legal proceedings against builder stating OC and CC not issued; denying to form legally registered association including other flats owners who are creating a mental stress for me, my wife and my tenants stating forcing to pay atleast 40% more monthly maintenance than the price per sqft and also threataning to disconnect water and electricity supply.

but many people around me are telling; i cannot win a case against a builder because, when it comes to apartment association; decisions will be favored and taken based on majority only. So others are saying even if it is legal; despite i am having 2 flats; one person fighting of no use.

Please suggest me on this.

Thank you in advance for your guidance and support.

Regards

Srikanth

The unregistered association cannot force you to pay the maintenance amount on its own discretion or arbitrarily .

You can challenge the same in court because they are not authorized authority to maintain the complex in the absence of registration. 

You can file a suit for permanent injunction if they disrupt the services of basic amenities. 

If they pose any threat,  you may initiate appropriate legal action through an advocate. 

The people in your surroundings may tell lot of things to discourage you,  do not budge to any kind of pressure. 

Thanks a ton sir.....i will initiate legal proceedings addressing to builder and other flats owners who are causing mental stress. 

However, during this interim period (from the day of issuing the legal notice) until the dispute is resolved; how much maintenance should i pay?
like for example:- should i calculate price per sqft and pay them or should i continue to pay whatever they are quoting?

Your responses are greatly appreciated and all especially you are doing a wonderfull help

Regards

Srikanth

The dispute is about the quantum of maintenance hence you may even think of not paying any maintenance amount till the dispute is disposed by the appropriate legal forum.

The society cannot do anything violating the law.

Once again thank you sir...

Happy Shankranti to all !!!!

You are most welcome and thanks for words of apprciation.

Wish you blessful and propspersous Makar Sankranti !!!!!!!!!