Legal Question in Real Estate Law in India

Hello

I stay in a housing society in Mumbai which is not regiatered as yet.

Four years ago our complex was a part of Phase one which was split as Phase one and Phase two and three combined.I belong to Phase 2 and Phase 3 group.

Phase one also is not registered as yet.

Four years ago Just a few months before seperation Phase one (which was combined with One two and three)Asked for A 10,000/- payment towards exterior painting and rectificarion of exteriors.I have Paid A Long term maintainence money of Rs 28000/- to the builder which is not yet released to society as its not yet registered.

I did not pay the amount as i knew that there is going to be a seperation soon.

Subsequently Our new society did not intomate any time lines nor any further communication as to when will be painting will be done and who all need to pay.

For last three years the society did not call for any AGM or SGM nor did it declare its financial position or any accounts.

As on date a few weeks ago Phase 2 has got the painting funds as a refund from Phase One and an AGM was called and all accounts declared but with lot of errors in balance sheet and other expense heads.

My society is asking me to pay up 10.000/- plus an interest of almost 9000/- for the last four years as arrears.

As on date the painting job has never been done and no effort from from society even to identify vendors and take actual extimate.

Since the past few days all i am getting is that my dues are pending and i need to pay up.

Just for your knowledge i have paid registraion money 3 years back and as of date no effort from society to work on this nor any intimation on any work in progress.I dont trust them.What do i do?

Out of 166 flats,25 are affected.

Please advise

Manoj N


Asked on 2/22/10, 12:41 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may have hardly any option but to follow the decision of Managing Committee. However, you may challenge the decision before R.C.S.

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Answered on 2/22/10, 7:00 am


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