Thrilok Srinivasan
Asked March 31, 2017

Penalty on late payment of maintenance

  • 1 Answer

I live in an apartment in Bangalore, would like to know 2 things 1. What should be the mode of communication for maintenance, as I got an email for the same and I missed it because it went to SPAM. I was told that I missed the payment after 2 months and should give with charge of Rs. 50 per day. 2. Is there any limit set in law for the charges to be levied for default. As I got a charge of Rs. 3300 where my actual maintenance is just Rs. 8500 per quarter. If I have to file a case against Association can I do that for unfair practise of charging heafty penalty.

Answer 1

The ideal mode of communication should be through mails. You can also communicate with the opposite party via registered post office but you should have a photocopy of the post sent by you.

As per the reply to your second question, there is no limit for a charge levied against a defaulter. The main purpose of the charge is to discourage and deter defaults. So a charge can be more than the maintenance. If the opposite party files an execution petition, there might be chances that you can be arrested or one of your properties is also attached (which is less in probability as the amount of maintenance is highly low).

As for the last question, you can file a suit for anything, but it would be really hard for you to get the case accepted in the court, as here you are defaulting, so the charge that is being levied is because of you.

Agree Comment 0 Agrees over 4 years ago

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