Legal Question in Real Estate Law in India

Hi, I live in a CHS in Sanpada, Navi Mumbai. The builder handed over the houses to most members in 2006, but there were disputes between the builder and us and so the flat got handed over to us in Feb/2010. Until this period the house was locked and not occupied. We had sent a legalnotice to the society holding them equally responsible for not handing over our flat but they replied back saying they do not have any knowledge or power to hand over the house to us or the dispute. The society was a ad-hoc comittee. Now that the builder and I have settled the matter, the society is compelling us to pay them society charges prior to our occupancy, saying that the builder has not paid society charges since April 2008 to Feb 2010. My contention is that I got the possession in Feb 2010 and should not be forced to pay the money prior to that date - moreso since the committee refused to intervene when we wanted them to be part of the decision making (we have all anwers in written from the society). My question is - is my stand correct? If yes, then am I liable to pay them any percentage of the amount from Apr2008 to Feb2010? Thx,

Asked on 12/13/10, 5:42 am

Shrichand Nahar S.V.Nahar, Advocate

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Maintenance charges are payable even in respect of unoccupied flat.

Consider paying the charges to society and recovering the same from builder.

Answered on 12/28/10, 9:42 pm

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