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RSingh (Software engineer)     08 September 2009

Flat Maintenance not giving by Flat Owner

There are 12 Flats in an Apartment, Once one of the flat owner was President for a period of 2 years and we all cooperated during his tenure of presidentship, now he forcifully removed as President (as he is not being submitting the financial expenses taken towards Maintence for the past 2 years) now we Registered this Apartment and got registration number and formed a new body.

Now the Ex President, is not giving the Maintence for the past 2 months being an owner of 2 Flatst in this apartment, we the new society facing much problems to Maintian the Apartment commom expenses.

We are now planning to lodge a Police complaint againist him.

What do you sugget for the above situation of act by one of the Flat Owner( he posess 2 falts) for not giving the monthly maintenance, despite several information to him regarding this.

 

plz suggets.

 

Regards

Raj-Hyderabad

 

 

 



Learning

 7 Replies

R.R. KRISHNAA (Legal Manager)     08 September 2009

The dispute is civil in nature.  You cannot lodge police complaint.

 

For recovering the maintenance dues, you need to file civil case only.  But first issue a legal notice.  You can also call upon the Ex president to submit the details of accounts which he collected when he was the president.

B.S MANJUNATH (ADVOCATES)     08 September 2009

You need to look for the local apartment ownership act. For that matter any of the enactments touching this matter. If there is an act it defenitely wil have provided the competant forum where you can get this matter addressed.

Even otherwise  issue a notice demanding the dues. Civil court will always have jurisdiction, if there is no bar from special enactment.


(Guest)

I agree what Mr.Krishna Legal said.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     17 November 2009

 Dear Rsingh,

  You have posed a good case, for your case, it is required to know

1. whether the flat is constructed as per the Apartments Act or not ? 

2. Whether at the time of purchase of flat, is there any clause relating to compulsory membership in the Society formed by major Apartment residents of the complex.

3. Whether the society of the apartment complex was registered prior to the old body formation?

4. If the present body of the Society is formed after the registration, during such registration whether the said flat owner has joined in such registration or not.

S.A.NARASIMHA RAO KARRI

ADVOCATE-HYDERABAD

V.G.Rao Advocate (Advocate)     11 April 2010

Hi, Mr R.Singh,

first let me Know whether ur flats owners association is registered  or not

2. what are the bye laws of ur association.

please find above details before initiating any legal action.

Bodla Upender (proprietor)     26 June 2010

Earlier I was the secretary of a Apartment. The same situation i was faced. Here in your case the followings to be taken in to consideration.

1. First of all you have to call for body meeting: in this meeting get authorisation to you for serving notices to him.

2. After body reosultion: the copy of resolution along with you simple request letter addressed to the defaulter is to be serviced by giving 21 dyas of time for making all dues failing for which he has to face the disconnection of electricity,water & drianage facilities. Not to use Lift also.

3. Still he denied to make payment: A legal notice served on him.

4. Again he defaults: File a case in the civil courts for recovery by getting attachment to his flats & sell the furniture & other valuble articles.

5. By seeing all this process: He will come forward for compromise or he has to make the payments.

It is very simple why you worry.

Raju (ceo)     04 April 2013

If a flat owner is not paying the maintenance it is very bad.    If he is a land loard of the land then question comes whether the other owners who purchased flats from him paid the entire amount like Sale consideration to all land loards, aminity charges, parking charges etc., If the flat purchaser does not gave the sale consideration and other charges how can the flat owners can form society and do legal action on him.


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