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Surya kkkkk (software engineer)     09 February 2010

Please help me Plsss

Hi,I purchased apartment in first floor.They are asking 45000 for lift.But I dont want to pay as its not usefull. Query:As I in first floor,I dont need lift.Any rule/law by which i can say that I will not pay lift money.Do I need to give notice.



Learning

 12 Replies

amit (Legal Counsel)     09 February 2010

Hi,

i am not 100% sure..
but as per my opinion you are suppose to pay the amt.
or at the most you, in a general meeting you can put a suggestion of floor rise.
Eg. 10,000 for 1st floor.
15,000 for 2nd
18000 for 3rd  and so on... provided other members accept it.
Or Approach to the consumer forum for the same.. After giving notice to your society..
Thanks,
Amit

Suchitra. S (Advocate)     09 February 2010

Sir, I think you will have to pay the amount for lift whether you use the lift or not. And as suggested by Amit Sir, the amount cnnot be varied according to the floors in which owners have their apartments. You can complain only if you are being asked to go any extra amount other than what is collected by every other apartment owner of the building.

mahesh kumar yadav (Advocate)     09 February 2010

in my opinion you have to pay amount compulsory irrespective of 1st floor etc, whether u stay in first floor or 5th floor you have to pay the amount as equally with  other apatment members. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 February 2010

I do agree with Mr. Mahesh Kumar Yadav

V. VASUDEVAN (LEGAL COUNSEL)     09 February 2010

 The query is not precise. Who is asking for Rs.45,000, is the builder asking this as a cost for amenity or is the society asking for a development fund/maintenance. Please provide full details for a clear cut view point.

vasudevan

Surya kkkkk (software engineer)     10 February 2010

society(People of apartment) asking for a lift

nautanki (None)     10 February 2010

Hmm?? Aap terrace par ya apne bldg ke dost log, jo upar ke maale par rahete hai, vaha jane ke liye lift ka istamal nahi karoge?

Dedo yaar. Aakhir pura jindagi usi bldg me gujarna hai.


(Guest)

It is quite strange to hear that the Society is claiming the amount. When you have already purchased the flat from the builder after paying the cost of the flat and amenities provided, the society can utmost ask you to pay the maintenance charges and the electricity bill for the common uses. I think you are under no legal obligation to pay the amount to the society, since the society is not the seller of the flat to you. Of course, the society may ask you to share the cost of the lift only if the lift is provided SUBSEQUENT to the construction of the flats and handed over by the builder to you all. You may send a legal notice to the society if they wrongfully claim the amount from you and you may give an undertaking to the society that you would not use the lift as you are in the first floor only.

girishankar (manager)     18 February 2010

Guru Narayana Rao Garu ,is absolutely correct... Better check the bylaws of ur Flat Association....it will be clear

Parvez Qureshi (Officer)     18 February 2010

I am rented my house recently for commercial use.However my society says that i cannot rent house for commercial use as per LAW as it is residential society.

However in my residential society there are Flats which are rented for commercial use and also we have couple of flats which are bought outright and they are used for commercial purpose.And we have couple flat owners who are using flats office -cum-residential.

Is there any such which disallows residential property to reny for commerical, if yes , kindly explain and gave me references.

girishankar (manager)     19 February 2010

Dear Parvez,

If its your own property dont worry U can let it . {Check whether U area is been declared as a commercial or a residential area.}

Suchitra. S (Advocate)     19 February 2010

Usually Society will be having set rules and regulations regarding the purpose for which flats should be used. Please go through  that and you will know if it is mentioned that the flat should not be let out for commercial purposes.


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