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Author Topic: Flat owner not paying monthly maintanence charges  (Read 717 times)

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Offline Deepmallya_Mitra

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Flat owner not paying monthly maintanence charges
« on: November 25, 2015, 09:10:37 PM »
We live in a housing society there are around 400 flats.

many flat owners do not live here.

And most of them do not  pay any maintenance charge.

some of the flat owners have amount due now is to the tune of Rs 2 lakhs or more.

We do not have there address or phone number. How do we recover the money?

Offline advpriyaanand

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Re: Flat owner not paying monthly maintanence charges
« Reply #1 on: November 25, 2015, 09:18:01 PM »
This is a very common query.

Your society should file a money suit which has to be filed within three years from the date of cause of action.

since Your society do not know the whereabouts of these flat owners, the society can file the suit giving details of the last known address, in this case, the flat in your complex can be used for the enforcement of a decree of the court.

The summons may be served there and published in newspapers.

If the flat owners do not respond, Society may get an ex parte decree and may proceed to have their property attached.
« Last Edit: November 25, 2015, 09:20:28 PM by advpriyaanand »
Advocate Priya Anand,
Learned Counsel
Madras High Court

Offline adv.amarnath

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Re: Flat owner not paying monthly maintanence charges
« Reply #2 on: November 26, 2015, 11:25:10 AM »
Tendency to file a case against the defaulter in payment of maintenance charges, comes later. Initially, Management authority of the Housing Society has to find out their last residing address from their Sale Deed which will be available in the Registrar's Office after payment of certain Govt. Fee/ charges. Further, the management authority can make a paper publication against all the defaulters in this regard.

After maintaining the above procedure, then the management committee can proceed to file money suit against all the defaulter for recovery of outstanding maintenance charges with interest and costs.

Amarnath Sanyal
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