Maintenance charges for flat without occupation certificate

David Baker (Querist) 22 April 2014 This query is : Resolved
A developer failed to provide OC at the time of possession, but assured that the same would be provided within 6 months. Collected maintenance fora year in advance at the time of possession. He has failed to provide occupancy certificate till date. PMC informed us that the builder has applied for OC only in 2012. Can I refuse to pay maintenance on the ground that the builder has not given me the OC?

Follow Query

Report Abuse

ajay sethi (Expert) 22 April 2014
pay maintenance charges . if you dont pay maintenance charges builder will levy interest on delayed payments .

move consumer forum against builder to direct him to obtain OC within specified period . also seek compensation and other reliefs

Rajendra K Goyal (Expert) 22 April 2014
Send legal notice for providing OC and file complaint before the consumer forum.

T. Kalaiselvan, Advocate (Expert) 27 April 2014
Send legal notice and proceed as per the advises given above or contact a local lawyer and move as per his advises.

Hemant Agarwal (Expert) 22 February 2015
1. Occupying a Flat (in BMC area) without "Occupancy Certificate" in itself is a offence punishable with a penalty of Rs. 25000/- under the BMC Act.

2. IF Flat-Owner is in possession of the Flat, THEN obviously the builder cannot pay for the maintenance & services being used by the Flat-Owner. Hence stopping Maintenance is lawfully illogical.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now