Legal Question in Real Estate Law in India

Society demanding Maintenance fee which is already paid to estate manager

Hi,

Can u advice me on a query pertaing to a Housing Society issue.

I own a flat in Bombay.

The flat is in a building that was initially managed by the builders.

The builders estate manager was the competent authority in collection of the monthly maintenance from all the flat owners.

I had paid a years maintenace in advance as I had to go overseas to join my husband.

In the meantime the society was formed and took over charge from the builders.

Now the society is demanding from me the maintenance money that was paid in advance to the competent authority at that time saying it was not handed over to them at the time of take over from the builder.

The society agrees that it is not my fault but they have no alternative than to debit me for the amount of the maintenance money that they have not been able to collect from the builder. This is not just one case but there are others in this situation as well.

Can u advice whose responsibility it is to have the maintenance money retrieved from the builder?

Do I have any recourse in law to help me in this situation?

looking forward to your reply

thanking you

kind regards

shefali


Asked on 8/20/06, 2:54 pm

2 Answers from Attorneys
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Society demanding Maintenance fee which is already paid to estate manager

You have to pay the amount to the Society and file a consumer case against the builder. You can also file a polica complaint for cheating against the builder. Initially send a notice to the builder to resolve the issue if he does not react take further actions.

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Answered on 8/20/06, 8:57 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Society demanding Maintenance fee which is already paid to estate manager

The amount paid by you the representative of the builder was an entrustment in favour of the builder, to which he/she is accountable. If the builder fails or neglects to restore the same to you or hand over it to the society on your request, he can be said to have committed a very serious offence of criminal breach of trust and you can prosecute him for the said offence. In addition you can also initiate appropriate civil case for recovery of your money.

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Answered on 8/21/06, 1:07 am


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