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Royal Commercial Plaza, Turbhe, Navi Mumbai : Issues

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Royal Commercial Plaza, Turbhe, Navi Mumbai : Issues

Last updated: September 6 2020
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  • Royal Commercial Plaza, Turbhe, Navi Mumbai : Issues

    I purchased a commercial space (Gala) in commercial plaza in Navi Mumbai in January, 2013. CHS was registered in September of 2014. The construction was completed by Builder in October 2012. From October 2012 to August 2014, the Builder was maintaining the entire commercial plaza as some shops/Galas were unsold. Along with sale price I paid builder for various charges such as society registration & formation charges. When CHS was formed and registered by the Builder in Sep, 2014 he submitted legder of outstanding dues to the newly formed society.
    Since I was living away from Mumbai, I came to know about society registration and outstanding dues in December 2015, when I visited the gala as I was planning to-let my shop on rent. The Society MC asked me to pay the outstanding dues including those amounts prior to date of registration also. I resisted the demand for any dues prior to registration of Housing Society. I settled entire dues for the period Sept, 2014 to December, 2015. But with a protest letter that I am not liable to pay any money prior to date of registration of CHS as the Builder had already collected some amounts during sale of shop and if any demand prior to September 2014 must be raised by Builder and not by CHS.
    Since January, 2016 I have been paying regular monthly maintainence to the CHS till date. But all of a sudden the CHS has sent me notice of outstanding dues amounting to Rs. 60,000/- with a warning that they would initiate recovery proceedings under Section 101 of MCS Act, 1960 ?

    My Chief Grievances/Queries are as listed below:-

    1. Is Society empowered to adjust the payment made by me in December 2015 (for the period 01.09.2014 to 31.12.2015 along with letter to do adjust for said period), against dues pending prior to date of registration of CHS, inspite of no claim notice sent by Builder for dues during that period ?

    2. What is the limitation period as per law to claim dues prior to formation of CHS by BUILDER/Promoter ?

    3. Can I challenge the adjustments made by CHS against Payments done by me at this stage ? If Yes, before which authority (Consumer Forum/Registrar/Civil Court/ Co-Oeprative Court) ?

    4. While making payment to CHS towards monthly maintainence fixed for my shop at Rs. 3256/-, I always mention behind Cheque for which month I am paying this cheque amount. Can CHS ignore that adjust the amount Rs. 3256/- against previous arrears and now show that I have outstanding dues pending even for those months for which I have paid the monthly maintainence amounts ?

    5. I read somewhere that limitation period for filing suit under Section 101 of MCS Act, 1960 is 3 Years. Is this true ?

    6. Till date I have not received Share Certificate from CHS. Can CHS refuse to issue me Share Certificate until I clear all disputed amount ?
    Last edited September 6 2020, 08:31 PM.
  • #2

    #2

    Re : Royal Commercial Plaza, Turbhe, Navi Mumbai : Issues

    Can you name the Builder & the Project/CHS? A thread may already exist on the same and there could be other members facing similar issues. If a thread on the CHS already exits, this thread would then be required to get merged with the original existing thread.
    Please read IREF rules | FAQ's

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    • env.coord
      env.coord commented
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      ROYAL COMMERCIAL PLAZA, Turbhe
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