I have purchased a flat in Rajarhat, Kolkata and got possession on 04/04/2019. The builder took advance maintenance of 12 months plus GST from me from the date of possession. But the builder handed over maintenance to the RWA after 2 months on 15/06/2019.
As per the deed, the builder was supposed to refund the remaining maintenance amount to the RWA. The builder also responded in an email query that remaining advance maintenance charges will be refunded to the RWA. As Builder's Maintenance Charges was more than the RWA's Maintenance Charges and as GST is not applicable if maintenance is done by RWA, the balance Maintenance Charges if received by the RWA can be adjusted for more than 12 months till July 2020. But as per RWA, first year Maintenance Charge remains fixed irrespective of Maintenance done by Builder or RWA.
How is this acceptable? Is this legally tenable argument? This is nowhere written in the Deed or Sale agreement. How can RWA charge higher maintenance charges from me plus GST whereas other residents are paying less charges without GST?
Now the RWA has also illegally stopped all Maintenance Services, Daily Garbage Pickup, Intercom, Power Backup, Plumbing & Electrician Services etc to my flat inspite of the fact that I have paid maintenance charges till July 2020 to the Builder and for August and September 2020 to the RWA. The RWA is taking things in a revengeful manner and also working as an agent of builder. The RWA is also not registered under Societies Registration Act or WB Apartment Owners Act. It is only registered as a Company under Companies Act.
What should I do now? Kindly suggest my next action.
