Legal Question in Real Estate Law in India
Hi I live in a co operative society in Bhandup, Our Builder first built 7 floors people up to 7 floors were allowed to occupy the flats he started collecting maintenance charges then he constructed 3 more floors and new flats were sold and occupied
This process took 5 years we kept paying maintenance charges to builder now builder has formed a society and gave us statement of accounts where in there 4/5 flat owners who have not paid a single rupee for last 5 years
Is there any legal base to collect that money from those defaulters?
Surprisingly these flat owners are willing to pay the charges now onwards to co op society but they are not willing to pay the dues
Is there any legal base to collect that money from those defaulters?
1 Answer from Attorneys
Society can claim/collect maintenance charges only after its formation/registration.
If earlier maintenance was undertaken by the builder and after formation of society same is taken over by society, then society may not be able to claim previous charges.
However, earlier flat holders may claim refund of excess maintenance charges paid by them to the builder.
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