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Aditya Kumar   21 January 2022

Non payment of maintenance

Hello.
My name is Aditya. I reside in a flat in Howrah. I have a query regarding maintenance.
Actually our apartment has 16 flats and 3 godowns in ground floor.
The apartment is not registered under the societies act. The godown owners donot pay the maintenance. They say that they donot use the water facility and all and they donot pay anything from the last 17 years.
So my question is, are they correct if they donot pay the maintenance by saying this?
Their godowns occupy the base of our apartment and the building needs urgent repairs.
If it the maintenance should be paid by them then how to go about it and take money from them?
What are the ways we can tackle them and get the funds our from their pocket?


 7 Replies

G.L.N. Prasad (Retired employee.)     21 January 2022

It is proper to collect those charges for maintenance for those services they actually use.  In case of disputes, get a mediator and settle the disputes on those practices prevailing in other registered societies with such godown/residential combined complex and get the understanding reduced in writing.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 January 2022

The rule book says godowns, warehouses, truck parking areas, hospitals, gas cylinder godowns etc are prohibited in residential areas. Give a complaint to local municipal authorities to vacate godowns at the earliest and collage maintainance charges for occupation of ground floor. 

1 Like

Aditya Kumar   21 January 2022

thank you Rama chary Rachakonda sir and G.L.N Prasad sir.

we had given a letter to them but they did not respond to it and one has not accepted the letter.

We tried talking to them but they donot give their ears to our problem.

Where are the places where we can complain against them?

Aryan Raj   21 January 2022

In response to your query,

One cannot be permitted to open a Godown in a residential area. To do so, you must convert the property into a commercial property or the property may be sealed. You can file a detailed complaint with the specific address and photos to the Municipal Commissioner, ideally with the help of a few other local residents. Wait a month and then send a reminder through email or registered post.

Regards,

Aryan Raj

1 Like

P. Venu (Advocate)     21 January 2022

In my understanding, they are bound to pay common maintainance charges. Other residents have the option to initiate a civil action. It would be advisable to serve a legal notice before approaching the Court.

1 Like

Dr J C Vashista (Lawyer)     22 January 2022

Presaumably there is no residents welfare association (RWA) formed in the premises, therefore, it is lacking maintenance and non-cooperation by occupants. It is advisable to form an association through a local chartered accountant or lawyer in terms of Societies Registration Act, 1860 / West Bengal Societies Registration Act/ Rules and compel such occupants to maintain the premises 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 January 2022

Apartments cannot be registered as a Society. Apartment owners can form an association under the Societies Registration Act of West Bengal. But under the Act no one can be compelled to become a member.  It is for those who voluntarily form an Associetion and become its members. I do not know whether West Bengal has any law under which all part owners of building can be compelled to become members of an association and governed by its byelaws. You have a difficult situation. You do research with the legal community in West Bengal.


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