Legal Question in Real Estate Law in India

Builder Maintenence
I purchased a flat from builder in march 2003. i paid 1 year advance maintenence to him. society formed in octeber 2003. I got the due credit of the advance payment in my monthlu maintenence bill given by society to me. in october 2005 society send a arrears bill stating 1 year maintenece not paid. This they say is because they have not got the money from builder. i oppose this and after a few meetings they relent and revise arrears in the bill to nil. again in 2007 they start all over agian and send me 2 payment notice to which i sublit all relevant documents and a letter from builder stating that they the builder has received my money and the same has been given to the society. after much delebration the arrears was reduced to zero. third time this problem came in september 2011. the amount arrears is now 260000/- odd. the society is calculating 21% interest + interest on interest arrears. i want to sell the flat and the society is not giving me NOC on saying that this payment should be done first. Please advise urgently as need NOC.

Asked on 3/18/12, 10:37 pm

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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First of all, tell me to whom you were to pay the maintenance charge as per the agreement or nothing was mentioned in the agreement? Have you already pay this third bill to the builder or not? If yes, there is no need to worry. First of all, serve a legal notice to the society not to send you unnecessary bill and forward a copy to the builder. Write a letter to builder and say it to inform the society that your bill has already been paid. Otherwise, consumer court as well as civil court both can be approached.fOR MORE YOU CAN CONTACT ME AT 919555462995

Answered on 3/18/12, 10:58 pm

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