Team Herald
MARGAO: The reconciliator under the Department of Cooperation has directed the developer of Kurltarkar Landmark housing complex at Gogol to pay Rs 19.74 lakh in outstanding maintenance dues for 39 unsold units.
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The order, passed by reconciliator Milly Andrade, allowed the dispute application filed by Kurltarkar Landmark Cooperative Housing Maintenance Society against the developer.
The society, comprising 207 units across six blocks, sought recovery of maintenance contributions, late fees and interest for 39 unsold units—22 flats and 17 commercial shops. It said the developer had failed to pay the dues, which totalled Rs 19,74,716.
The society had issued monthly invoices from April 1, 2024, followed by a legal notice on April 23, 2024, stating that non-payment was placing an undue burden on maintaining the complex’s common infrastructure.
The developer opposed the application, arguing that it was an independent partnership firm and not a ‘member’ of the society under Section 83(2) of the Goa Cooperative Societies Act. It also contended that the 39 units were locked, vacant and unused, and that full maintenance liability arose only after their sale and occupation.
The reconciliator, however, referred to Rule 135(5) of the Goa Cooperative Societies Rules, 2003, which makes builders or developers owning unsold units liable to pay maintenance contributions. The order held that the provision does not exempt units based on their non-occupation or locked status.
The authority also rejected the objection that the proceedings were time-barred after three months. Referring to an appellate judgment of September 30, 2025, and the Supreme Court ruling in Zolba v Keshao, it held that the statutory timeline was directory and not mandatory.
The developer was directed to pay Rs 19,74,716 towards the outstanding dues and arrears, along with interest and late fees at 18 per cent per annum from the due date of each invoice until full payment.
It was also directed to continue paying monthly maintenance for the unsold units until their sale and transfer to purchasers. The entire amount is to be paid within 30 days of the order, with the respondents also directed to bear the costs of the dispute application.
Society secretary Mark Fernandes said the ruling could have wider implications for housing societies facing similar disputes. “Importantly, the judgment holds that under Rule 135(5), builders and developers are directly liable to pay maintenance on unsold units even if they are vacant or unoccupied,” he said.
