Upgrad LLM

need guidance on dispute created by new society


Flat location: Pune, Maharashtra

Background: Posession taken by 1st owner in Aug 2008. I bought from first owner in Aug 2011. During this period no society has been formed. At time of purchase 5 buildings were completed and occupied. Almost 200 flats. Another 5 were under construction.

Present situation: All buildings construction is complete except 1 for which builder has no permission. Swimming pool not completed.

Dispute: Builder started demanding Rs 2900/- per month maintenance as soon as I took posession in Aug 2011. Only ammenities available were water and lift. I had paid Rs 1,75,000/- for NOC to builder and at that time he did not make me aware of the situation that funds are over. I refused to pay maintenance on grounds that builder should do maintenance else form society and leave it upto the residents. He did not agree and I did not pay him either. After this some residents presurrized him to turn off water supply in one bathroom for those who have not paid. After this I had argument with builder where he was holding me for ransom. I stood strong and have been living with partial supply till date. Builder kept piling backlog and took to naming and shaming by sticking due amount on notice board. During this period I tried to engage residents to form society and get rid of builder but got no support. The residents were completely aware that I am not paying. I tried to convince them that running maintenance is builders problem unless he forms society.

Now a new group came up which took initiative and registered society. My dues as seen by builder have crossed 1 lac. Now this newly formed society secretary and other office bearers are demanding I clear previous dues as seen by builder and deposit in society account. They say they have legal right to claim as per bylaws.

My arguments:

1. Builder was responsible for maintenance. It is your mistake to pay for it

2. Previous dues or whatever are with builder. Why should I deposit in society account?

 

I need some guidance on what is the correct recourse in this matter and whether or not previous dues can be transferred by builder to society as claimed by society office bearers.

 
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