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UOur residential society was formed before RERA, the builder who has many other projects as well in the city did not get the occupancy certificate and completion certificate of the building and collected maintenance charges from owners for years without any certificate.
Few years ago, there was a fire incident due to carelessness of maintenance staff of builder and builder did not take any responsibility for it. We gave a written complaint that time and when no action was taken then we stopped paying maintenance after which builder staff used to disconnect electricity (prepaid meter installed by builder itself), we then got official govt. electricity meter and builder couldn’t do anything about it back then.
Later builder handed over society maintenance to RWA which we were members of because we contributed in early years. Society RWA started stopping goods movement of non payers but after some arguments that was stopped, next they disconnected diesel generator backup for which we have already paid during flat purchase.
Over the years from 2020 to 2026 we did not get any maintenance facilities, neither we got genset backup which was our right from day 1.
Now the RWA people stick lists of non payers with balance in front of tower which is again not good because they never approached us for our pov, recently we did some renovation work and at that time RWA permission was needed but due to good terms of my parents with the president our work went on smoothly.
The outstanding balance is near 3 lakhs out of which 76k is due to builder who basically did nothing and rest to RWA. We want to start maintenance contribution but since we did not get any benefit in past years we don’t want to pay full amount.
How should we tackle this situation so that our maintenance is regularised and we don’t have burden of paying for unreceived services ?
**TL;DR (from AI):**
* Builder ran society **without OC/CC** and still charged maintenance for years
* Fire incident happened due to builder staff negligence → no responsibility taken
* We stopped paying → builder retaliated by cutting electricity (we later got govt meter)
* Maintenance transferred to RWA → they denied services (DG backup, etc.)
* From **2020–2026 we received little to no services**
* RWA publicly lists us as defaulters
* Total dues now ~₹3L (₹76k builder + rest RWA)
* We’re willing to pay **fair amount**, but not full since services weren’t provided
* **Question:** Can we legally refuse/settle reduced maintenance for “no service”? How to handle builder + RWA dues?Location is Uttar Pradesh
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