Prior to formation of soc builder charged two different rates of maintenance for two wings of the same building. A dispute raised on this matter was not resolved by the builder. A group of members paid the charges as levied to other group which was lower. After the formation of the soc builder sent a list of members for outstanding dues based on the higher rate of maintenance. Soc took on itself to issue letters to the members concerned for the same & forced members to pay up. I issued a show cause notice to the builder to substantiate the claim & asked for a complete account of charges paid including the fund collected in advance at the time of signing of purchase agreement. Builder didn't reply or never communicated with the members concerned. Soc kept on raising the maintenance bills showing outstanding dues on the above account but stopped doing so after a couple of years, however it was shown in the annual report. Recently a refund of municipal property tax was due to be paid to members on revision of tariff, however it was not paid to members '
individual account but through the soc account as soc used to pay collectively on behalf of all. For eight long years neither builder nor soc pursued the matter. Recently soc adjusted large portion of amount of refund due to me against the presumptuous dues as claimed by the builder & kept it in its coffers. Following questions arise on the action taken by the soc in the matter. Once society is formed does builder have any right of claim over the members. Can society recover such dues on behalf of builder for the period prior to its formation when it wasn't existing. In absence of any action initiated by the builder, is the claim sustainable till date as it should be time barred by limitation act. Is the set off done by the society from the municipal property tax refund due to me vis a vis the builder claimed dues valid?
Society cannot collect any dues, for the period before its formation. For builder's dues collection after formation of society, and society not charging equal dues to all the flats, you make two separate complaints against the builder, and against the Society. to consumer court. Consumer court's location of your area, you can know it from District Collector's Office.
Our Experts

Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee

Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal Trustee - Moneylife Foundation

Your question will be published directly on the site. Please do not enter any personal details like name, mobile number, email id etc.

To ask a question

Sign Up or Sign In
than you