Subject: Formal Response to letter received – Contesting Alleged Maintenance Dues
To,
Mr. Vineet Saxena (Adv. on behalf of builder)
This is with reference to your letter received regarding alleged outstanding maintenance
charges. I am compelled to issue this formal response as a resident who feels deeply
misrepresented, wrongfully billed, and denied due process and transparency.
I remain open to engagement, but no further discussion or compliance from my end shall be
considered unless the following matters are addressed through verifiable and legally
admissible documentation:
1. Negligence in Essential Public Health Obligations
o The failure to ensure proper waste disposal and hygiene has led to persistent
foul odor and unsanitary conditions, violating fundamental maintenance
obligations.
o This reflects a complete abdication of duty towards the health and safety of
residents.
2. Unauthorized Imposition of Surveillance Charges
o I deny having given any express consent to the imposition of VCam-related
charges.
o If no signed agreement exists, this constitutes an unauthorized levy and
fraudulent billing practice, amounting to criminal misrepresentation and
breach of financial transparency.
3. Lapse in Compliance with Fire Safety Regulations
o Fire extinguishers on the premises are expired, constituting a serious breach of
statutory safety requirements.
o The failure to maintain basic fire safety readiness exposes residents to danger
and reflects criminal negligence under applicable fire safety laws.
4. Structural Integrity Deficiencies and Neglect
o The building exhibits visible deterioration and wear, unaddressed despite
repeated complaints.
o Continuing to demand charges under “maintenance” without addressing
structural safety is deceptive and unjustifiable.
5. Water Quality Violations and Breach of Habitability Standards
o The water supply is of alarmingly poor quality, directly compromising residents'
health.
o Under such conditions, demanding maintenance payments is not only unethical
but potentially unlawful.
6. Irregular Constitution and Dissolution of AOA
o The AOA was unilaterally formed by the builder without democratic election or
majority consent.
o It has since resigned without accountability. In the absence of a duly elected and
functioning AOA, any attempt to demand charges is ultra vires and baseless.
7. Unlawful Escalation of Common Area Maintenance Rates
o The increase in CAM rates from ₹2/Sq. Ft. to ₹2.5/Sq. Ft. was made without
documented General Body Meeting (GBM) approval or 51% resident consent,
as required under law.
o This renders the increment null and void, and any collection based on it is
tantamount to coercive extraction of funds.
8. Absence of Statutory Clearances from Civic Authorities
o Kindly produce the No-Objection Certificate (NOC) from the Water & Land
Department.
o In absence of statutory clearances, any demand for dues is premature and
legally untenable.
9. Operational Failures in Vertical Transport Infrastructure
o Residents continue to face issues with lifts, pointing to deficient or non-
existent Annual Maintenance Contracts (AMC).
o I demand AMC documentation from 2021 to 2025. In the absence of the same,
claims of effective maintenance are misleading.
10. Failure to Address Internal Leakages – Duty of Repair Ignored
• At least seven instances of severe water leakages have been reported, yet no
rectification has been carried out.
• This constitutes gross dereliction of repair obligations, and weakens any claim to
charge for ongoing maintenance.
11. Breach of Peace and Resident Safety Due to Staff Conduct
• Incidents of residents threatened by a member of your maintenance staff, requiring
police involvement.
• Other residents have faced similar intimidation, yet the individual remains employed.
This continued engagement indicates tacit endorsement of abusive behavior, further
eroding your standing to demand payment.
Conclusion and Reservation of Legal Rights
In light of the above points, I firmly assert that I have been cheated, misled, and subjected to
undue financial and mental harassment. These recurring violations of my rights as a resident
will not be tolerated.
Unless all above-mentioned information is duly provided and discrepancies rectified, I shall be
compelled to initiate formal legal proceedings, including but not limited to:
• Filing a case before the Consumer Disputes Redressal Commission,
• Lodging a complaint with RERA and local municipal bodies,
• Initiating civil and criminal proceedings for cheating, criminal intimidation, and
breach of contractual obligations, and
• Seeking a judicial stay on coercive recovery actions undertaken without lawful basis.
This reply shall serve as final intimation prior to invoking remedies available under law.
Sincerely,
[Jahnvi Tripathi]
[C-1722, Galaxy Royale, Gaur City 2]
[7895221406]
