Legal Question in Real Estate Law in India

I have paid more maintainance to the builder and so the builder requested me to not to pay any maintainance further. Meanwhile, the society members pressurised the builder to handover the society to them so as they can form the society. Now that they have formed the society the members are asking us to pay the monthly maintainance inspite of telling them that we have already paid it in excess to the builder and kindly recover the money from the builder or adjust it in our monthly maintainance till a certain period. But, the society is denying to recover it from the builder and is asking me to recover it and till then they are charging me 21% late payment charges on the amount as i denied to continuing pay the monthly maintainace as i am already running in excess. They had waived off the 21% late payment charges of some members and as they has been fight between the earlier management and the current management. The earlier management objected their waving off of the late payment charges to some members and raised an issue against it. So, now the society is not ready to waive me off the 21% late payment charges and pressursing me to pay the amount. if i pay the amount it would be duplication of maintainance paid by me and the builder is not an easy guy and has denied the payments to many members who requested him for the same. Kindly advice what is the right thing to do? Can the society ask me to pay the monthly maintainance inspite of excess payment lying with the builder? Can they charge me 21% late payment charges on the context of no money to run the society? My also concern is what if the builder does not give me back the Rs. 21808 amount lying with him and society demanding me to pay the same with 21% charges. Had it being a small amount i would have thought of it. But, i will end up paying double the amount with late payment charges and will be at complete loss if the builder denies to give back the money. Kindly please advice what to do asap?

Asked on 3/17/11, 2:35 am

Shrichand Nahar S.V.Nahar, Advocate

0 users found helpful

0 attorneys agreed

The builder was obliged to hand over excess amount to society while handing over charge.

Therefore, society is right in claiming maintenance from you as you are the member.

Answered on 6/06/11, 4:15 am

Keywords

Match Any Match All

Country

State

Area of Law