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Author Topic: Can apartment association recalculate maintenance fee and charge for last 12 yrs  (Read 1182 times)

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Offline kserasera90

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Hi, I have been living in an apartment in Bangalore for last 9 years and paying my maintenance fee regularly. Recently our association has given us an invoice claiming we have a large pending amount because they have been calculating maintenance fee for our flat using wrong area number for the last 12 years. We don't even know which area calculation they use and why they use the number they do. I have the following issues with this:
- We have been living here for only 9 years, and at the time of moving in, association gave us no due certificate. Can they charge us for the time we were not even residents after they declared all claims are settled and gave no-due certificate 9 years ago at the time we moved in?
- They are charging interest on the difference for between paid and newly calculated amount for 12 years. We always paid the amount they asked for in the invoice. We don't even know how they calculated and if they were making a mistake. Can they charge interest on difference in amount due to their own mistake?
- How long back can associations go in recalculating and claiming differences? Can associations go as long back as 12 years to re-do calculations and levy additional fee and penalty?

Offline advgaurav.sharma

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Just refer the matter to the consumer court let the court decide on this issue. no need to argue with your association.
take it up legally if you win you won't need to pay.

the best part is in consumer forum you don't need a lawyer you can do it yourself
Advocate Gaurav is a specialist in Trademark laws

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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The consumer court will not entertain your matter as you are not at all a consumer to the owner association. Only Civil Court has jurisdiction about this matter. Why you are taking headache on their demand. Let them move before court first, you will defend it. I am sure, if any case brought by the owner association against you, the same case will be dismissed.

Amarnath Sanyal
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