Pending Maintenance Charges
I had purchased a flat in resale from the first buyer in December, 2011 in a building which was almost complete but possession was to be given after 2/3 months. Possession of flat was given to me by the builder in March, 2012. The builder took advance maintenance charges for 1 year i.e. from March, 2012 till February, 2013 at the time of giving possession. In the meantime, the builder started the process of incorporation of housing society and the housing society got incorporated in June, 2013.
Also, during this period, my false ceiling of the hall collapsed and some electricity issue was noticed in the master bedroom. In February, 2013 builder asked me to pay maintenance charges from March, 2013 onwards for one more year. I told the builder that I will pay his maintenance charges once he rebuilds my false ceiling and resolves electricity issue of the master bedroom. A false ceiling was rebuilt by the builder but electricity issue was not resolved till today i.e. till February, 2020.
The builder maintained the building till April, 2015 and after completing the formality with the society, the management of the building was officially handed over to Society from September, 2015 onwards. The society issued bills for the period from May, 2015 onwards and I paid all the Maintenance charges of the Society from May, 2015 onwards till March, 2020.
Now, society is asking me to pay the maintenance charges for the period from March, 2013 to April, 2015. My contention is that Society has got no jurisdiction and right to ask maintenance charges for the period for which building was not maintained by the Society as it was maintained by the builder for that period. I have not paid maintenance charges to the builder for the period from March, 2013 to April, 2015 because my electricity issue was not resolved by the builder. I had requested to the society also, several times during last 6 years, to resolve my long outstanding pending electricity issue and I will pay the pending maintenance charges to society and not to the builder, but society did not even reply to any of my 15 letters and emails sent to society.
I would like to know whether:
1. Can a Society ask for maintenance charges for the period for which building was not maintained by society?
2. What actions can I take against Society?
Society Maintenance Charges