Maintenance charges for shop

[Anonymous]

DEAR SIR

i have an commercial shop in virar i have paid maintenance for 2 years
after sty has formed

i complained several times for non maintinaing & dirty toilets which
remained uncleaned

we have an lady staff in our office hence its very difficult for her
to use wahroom

this was continued for 3 more years

during this i have not paid maint charges but i used to give
complaints in writing

but before a year they have started cleaning washrooms

but they are charging rs 500 as interest every month for unpaid maint
charges

so our monthly bill rs 500 + 550 every month interst charges

is it legal ?

my current outstanding including interest is around RS 40000

they are failed to maintain sty ?

then why should we pay maint. charges?

again interest on non maintian sty ?

please suggest what should do ?

[Dr. Ashok Dhamija]

What were the terms of your agreement under which you took the shop? Or, under the relevant rules to which your shop is subject? Is there any provision or commitment of paying maintenance charges? Is there any provision for paying interest on the maintenance charges that have not been paid? Is the payment of such maintenance subject to the actual cleaning to be done by the concerned authority? It depends on these issues.

If there is a legal requirement for payment of maintenance charges, you should have paid that. If the authority concerned had failed to maintain the premises as per requirements, you are required to take action against them as permissible under the applicable terms of agreement, rules, etc. or for not giving you proper services.

Interest of Rs. 550 on the maintenance charges of Rs. 500 appears to be quite exorbitant.

In the absence of full details being available, it may not be possible to guide you properly. You have not mentioned even who is the authority concerned. What is “Sty”? Is it “station”?

Depending upon the authority concerned, you may have to take up the matter either in consumer court (if the authority comes under that Act) or in a civil court or in the forum under Societies Act (if it is under that Act). You can also take it up with the higher or appellate authority concerned showing lack of services provided.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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