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Pramod (Manager)     19 May 2024

Sterling resort maintenance charges

Dear Sir/Madam 

I have purchased a time share back in 1998 from sterling resort. I have my time share at their to be constructed Peerumadu, Kerala resort. Since the resort was not ready, I need not pay the annual maintenance charges for the maintenance of our resort. However, Sterling resort dropped the plan to construct the Peerumadu resort altogether. Instead they forcefully dumped Thekkady resort on me. I did not accept the resort allotment. But they started charging the maintenance for Thekkady from that year onwards. 

My query is that, why should I pay maintenance for someone else resort. I did not opt for Thekkady, they forced it on us. Now they are threatening us that, they will cancel our time share if we don't pay all the arrears. 

Grateful if you could help me, how should I go forward with these issues. 

Thank you for your help 


 3 Replies

Dr. J C Vashista (Advocate )     19 May 2024

They cannot compel you to pay maintenance for an "unaccepted" but allotted resort.

Contact, consult and engage a local prudent lawyer to file a suit for mandatory and permanent injuction with mesne profits and damages with an application for grant of "stay" on such demand to pay maintenance for a different resort which is not acceptable to you.


A Consumer Complaint may be considered to be filed before jurisdicational Consumer Disputes Redressal Commission for deficiency of service. However, consumer commission cannot grant a "stay order" during pendency of the complaint and refund of amount paid with compensation.

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

There is no reason to accept a different project or resort other than what you had opted for.

It is an unfair trade practice besides breach of contract.

You can drag them to civil court for remedy i.e., for refund of your booking amount with interest till date.

But please remember that the demand you may make will be barred by limitaiton.

However you may refuse to pay the maintenance charges stating that you never accepted hence you are not bound to pay any maintenance charges.

You can challenge their legal action if any properly in the court of law if they choose to approach  a court with a lawsuit against you.

Pramod (Manager)     26 May 2024

Thank you very much for your guidance. Sorry for the delay. 

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