Deepak (Sr. Software Engg.) 06 August 2022

Society not maintaining amenities

Dear Respected Sir,

I have bought resale flat in an apartment society around two years back. After requesting many times, society is not ready to repair/maintain kids play area, garden rusted benches and damaged equipment of gym. Many times I have found that society committee members are doing bossing on new members. As suggested by the respected member lawyers of 'lawyersclubindia.com', I have made written complaint to DDR. Now as society is not getting maintained, Can I pay less monthly maintenance charges (2000/- instead of 2500/-)? Can I able to get compensation for the trouble caused by not maintaining the society, if I file a civil case in the court? If paid less maintenance, after filing civil case, Can I able to sale the flat without society NOC? Regards.

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 06 August 2022

No. You have to pay maintenance charges as decided in the bylaws. Again complain to the Dy. Registrar of Cooperative Housing Societies concerned by RTI.

Dr J C Vashista (Advocate) 07 August 2022

You will have to pay full amount of maintenance, if not now you wll have pay later.

I agree with the opinion and advise of senior expert Mr. Kavksatyanarayan ji, file complaint before Registrar Cooperative Societies after written complaints to Managing Committee / raising the issue in annual / special general body meeting.

Deepak (Sr. Software Engg.) 07 August 2022

Thank you so much for the reply. My kids are not able to use equipments of kids play area, family members are not able to sit in the garden. Not able to use gym. Can you please suggest how I can claim for our suffering? How I can get justice?