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Advance maintenance paid to Builder

18 May 2019 Prem Singh, Virar

society by builder
15 July 2016 JBijal, Thane
Hello we own an 3bhk apartment at Thane. We took possession of this ptoprty on 15th July 2015 and had paid an advance maintenance of Rs.31840 as an Annual maintenance charge. But in the meantime society was formed and builder stopped maintaining the society since 1st July 2015. Now we had already paid advance maintenance and society started demanding maintenance alongwith corpus fund of 12000. We contacted builder for refund and they confirmed that the consolidated refund for all flats would be done in the name of society. Now society kept demanding maintenance from us... We deducted the total refund value that society was supposed to get from builder and paid corpus funds and balance of maintenance over and above our refund amount. I have been paying maintenance regularly since last 6 montgs on ir before due date. Society is showing my name in defaulter list for the amount receivable from builder. Please carify following from legal point:
1) what is our legal right as we have already paid to builder and society is demanding money again?
2) Is society supposed to charge us penal interest if refund is to be received by them directly?
3) Due to inefficient managing committee and some settlement issues pertaining to our flats builder has delayed refund for almost a year now...why should I be penalise as a consumer?
My problem is similar to above and answer available in your website is contact lawyer. Kindly give specific guidance on above points as i am facing same problem and if any flat owner filed court cases,consumer court cases on such issues. What is rule kn MOFA,MCS etc etc
Thank you in anticipation

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