Legal Question in Consumer Law in India
This is Madhusudan from Dombivli (Maharashtra, India)
Ours is co-operative housing society having 24 flats. Builder has sold out 23 flats and one is for Maharashtra govt. quota. so it builder has given the possession to developer M/s mayur corporation. Since it is not sold out, the saiid Mayur Corpn is not paying any maintenance charges. But Mayur corpn. pays the Municipal taxes on yearly basis. Mayur corporation has written to society that since it is not sold out, he is not liable to pay any maintenance charges etc. But Society has been paying some charges on his flat like education cess. Society has paid for this flat, the expenses towards expenses incurred towards the conveyance deed in name of the society.
My question is : can society ask the mayur Corporation to pay monthly maintenance charges and under which law and section / rule no.?
Best regrds
Madhusudan
2 Answers from Attorneys
the dispute may be decided by court of law.
As the corpn is not a member of the society you can't ask for maintenance but you may ask them to reimburse expenses and / or to pay rent for using the flat.
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