Dear Sir, I am a resident and flat owner at Rishi Apartment, located in Baddi, Himachal Pradesh. I wish to bring to your attention serious concerns regarding the maintenance and functioning of our housing society, which is currently under the control of the builder. The builder has failed to provide basic facilities such as proper security, regular cleaning, and general upkeep of common areas. Due to these persistent issues, the flat owners collectively formed a Flat Owners Association (currently unregistered) to address grievances and represent our interests. On behalf of all residents, the association has been regularly communicating with the builder via email, requesting improvement in services. However, instead of addressing these genuine concerns, the builder recently issued a notice increasing the maintenance charges, despite the quality of services being extremely poor. As per the maintenance agreement, charges may be increased only once every two years, and by a maximum of 10%. However, the builder has imposed an increase that exceeds this limit, without consultation and without any corresponding improvement in services.In response to this arbitrary action, the flat owners have collectively decided to Withhold payment of the maintenance charges Until improvement of services .Despite multiple reminders, the builder has not responded to our communications. Furthermore, the builder is not registered under HPRERA .We now seek your kind guidance on the following:
1. Is it legally justified for flat owners to withhold payment of maintenance charges under these circumstances?
2. What legal recourse or action can we take against the builder for poor maintenance and arbitrary increase in charges?
3. Where can we file a formal complaint, given the builder is not registered under HPRERA?
We look forward to your support and direction in resolving this issue lawfully and fairly.
