Legal Question in Real Estate Law in India

I have bought a flat in Mumbai in Dec2007 directly from the builder . When I had bought the flat I had met the society secretary and treasurer to ask what would be dues on this flat and other procedures to enroll into society. That time society asked me to pay membership fee and regular maintanance charges from the day of purchase( it was oral conversation). I have been paying maintanace regularly since then and am also became a member. There was no old outstanding amount in my bill/receipt from society till now. But recently my society has sent me a bill 'old outstanding amount'. They have told me that builder had not paid the maintance for the flat since year 2006,and now on Jan 2009 builder has paid only the principal maintance amount( from 2006 to nov 2007) without iterest for late payment, that too only from the day when he was informed that the society is formed ( Society had informed the builder three months after formation of society!). Now my problem is

1) Society is asking me to pay the interest amount which builder has refused to pay on maintance due from 2006 to nov 2007.

2) Society is also asking me to pay maintanance for the 3 months in year 2006 with interest.( as they had informed the builder 3 months after formation of society and builder has paid maintanance only from the day he was informed).

Am I legaly liable to pay this?

Its been more then 1 and 1/2 year since I have bought the flat and also became member but they had never brought out this thing till now, Why should I pay the intrest when I was never told/asked to pay this before. Please guide me.


Asked on 9/21/09, 3:41 pm

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

Send Lawyer notice to the builder with a copy of the society's bill and ask him to pay.

If no reply/ no action, pay the amount to the society under protest and sue the builder in Consumer Fora for damages, mental agony , costs besides reimbursement of amount paid with interest.

S.Seshadri

Chennai Office: 98403 20808 /28515229

emails: [email protected]

[email protected]

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Answered on 9/21/09, 8:53 pm
Shrichand Nahar S.V.Nahar, Advocate

You are not liable for the oustandings, which is otherwise time barred.

You may consider necessary legal action.

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Answered on 9/22/09, 12:54 am


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