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[Resolved]  RNA (AA) BUILDERS/ROCKLINE CONSTRUCTION CO — REFUND OF ADVANCE MAINTENANCE CHARGES BY BUILDER AND ILLEGAL SERVICE CHARGES

SIR,
WE PURCHED ONE FLAT NO.106 IN WING - I, IN RNA COURTYARD, MIRA ROAD, THANE-401107 AND ACTUAL POSSESSION / KEY OF THE FLAT WAS HANDED OVER ON 20TH MAY, 2008. THE BUILDER INSISTED THAT THE LETTER ISSUED FOR "DELIVERY OF POSSESSION FOR INTERIOR DECORATION" DATED 21/08/2007 SEND TO OUR OLD ADDRESS BY POST SHALL BE RECKONED AS THE DATE OF POSSESSION AND NOT THE ACTUAL DATE OF HANDING OVER THE KEYS FOR POSSESSION, AFTER MAJOR REPAIR IN ONE OF THE BED ROOMS, CLEANING, PAINTING OF THE FLAT..ON RECEIPT OF THE LETTER AFTER FEW WEEKS THE SITE WAS VISITED AND MANY DEFECTS WERE NOTED JOINTLY INSIDE THE FLAT. OUTSIDE CONSTRUCTION OF INTERNAL ROADS, PAINTING OF THE FACIA OF THE BUILDINGS WERE IN PROGRESS AND TOO MANY LABOURERS WERE LEAVING AT SITE INSIDE INCOMPLETE BUNGLOWS ON GROUND FLOOR.
AS WE COULD NOT GET PHYSICAL POSSESSION OF THE FLAT THEN . ALTIMATELY WE WERE FORCED TO SHIFT OUR FURNITURES ETC.FROM OLD ADDRESS TO ONE OTHER FLAT NO. 704/H AND THEN REMAINED CLOSED UNTILL MAY, 2008 . THE SITE WAS NOT COMPLETE AS SUCH CONDITION WAS NOT SUITABLE FOR LIVING.WE ARE SURE MBMC OCCUPATION CERTIFICATE WAS NOT ISSUED THEN.
NOW, THE PROBLEMS HAVE ARISED DUE TO FORMATION OF A "ADHOCK BODY" AND TAKING OVER THE MAINTENANCE CHARGES W.E.F. 1ST SEPTEMBER, 2008 FROM THE BUILDER.
THE ADHOCK COMMITTEE STARTED COLLECTING MONTHLY MAINTENANCE CHARGES @ RS. 2/- PER SQ FT INCLUDING OPEN AREA INSTEAD OF EQUAL SHARE BY ALL THE FLAT OWNERS. DEPENDING UPON EXPENCES ON MONTHLY MAINTENANCE. VARIABLE MAINTENANCE CHARGES WAS ALSO COLLECTED IN ADVANCE BY BUILDER AT THE TIME OF AGREEMENT ETC. FOR 12 MONTHS.
THE ISSUE REMAINS TO BE SOLVED ARE :
(1) OUR ADVANCE PAYMENT FOR 12 MONTHS MAINTENANCE CHARGES WAS PARTLY UTILISED BY THE BUILDER (W.E.F. 20/05/2008 TO 31/08/2008 ) PRIOR TO HANDING OVER THE CHARGE TO ADHOC COMMITTEE FORMED BY OWNERS). HENCE, THE BUILDER IS BOUND TO REFUND THE BALANCE AMOUNT FOR THE PERIOD FROM 1ST SEPTEMBER, 2008 TO 19TH MAY, 2009 EITHER TO US OR TO THE SOCIETY.
(2) THE SOCIETY GOT REGISTERED ONLY IN THE MONTH END OF MAY, 2009 AS "RNA COURTYARD CHS LTD, ".KINDLY NOTE THAT INSPITE OF "GOVERNORS ORDINANANCE" THE ADHOCK COMMITTEE AS WELL AS REGISTERED SOCIETY CONTINUED TO COLLECT SERVICE CHARGES ON THE BASIS OF AREA PER SQUARE FEET IN DEFIANCE OF THE GOVERNORS ORDINANCE.
THIS HAS RESULTED ARREARS TO BE PAID TO THE SOCIETY @RS. 2/- PER SQ.FT OF AREA CLOSED OR OPEN IN A FLAT .
THE REGISTERED SOCIETY ALSO COLLECTING RS. 2/- PER SQ. FT AREA. THE ORDINANCE STIPULATE AS FOLLOWS :

ALL SUCH EXPENSES OR DIVIDED TOTAL MEMBERS
EXPECTED EXPENSES TO OF SOCIETY

YEARLY (AS ABOVE)
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Aug 14, 2020
Complaint marked as Resolved 
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