BVG rao (IC) 02 May 2013

Should i pay generator diesel maintenance?

Sir,

I bought a flat in a apartment with 130 flats from a builder, who did not provide some of the facilities like intercomm connection, generator back up provision at my flat, even though I occupied it since more than a year. Whenever I asked him, he's saying that he'll get it done very soon, but he's not at all completing the tasks any time.

Though buildding is maintained by builder, a committee is formed (though it is not registered yet), collects money from all tenants and hand it over to builder.

Whenever we raise the issue of unfinished tasks at flat, committee says that there is no relation between maintenance fee 1000 Rs we pay to the pending tasks in home. Every time, they gave junk suggestion of getting it sorted out with builder.

Since last month committee started collecting 200 Rs extra for providing generator back up to apartment, as part of which they would power 2 tubes and 2 fans in all flats. As my flat is not provisioned by builder for this, I raised concern to the committee that they should fix this before starting it. any how they just ignored my request and started power back up.

Now after completing a month, they are demanding me to pay 200 Rs, for the back up which I never used.

In this regard I've below concerns and request legal opinion:

1. Is it true that maintenance charges cannot be tied up with pending issues inside the flat? If so, how to get the pending activities completed by builder?

2. Should residents really pay extra maintenance for such amenities as generator back up charges etc, to a committee, which does not take any responsibility to facilitate inmates enjoy the feature?

3. What are my rights as a tenant in this regard?

4. What actions I can take against builder who is not completing pending works in my flat even after 1 year of possession?

5. Does committee have any rights to impose any penalties, even without being registered?

I request your legal opinion sincerely in this regard.

Thanks in advance.

BVG Rao

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3 Replies

Rajendra K Goyal (Advocate) 02 May 2013

You may send a notice to the developer for completing the pending task and in need you may approach the Distt. Consumer Forum. You may also lodge a complaint to the authority who licensed the developer for the development of the flats. If the basic requirement is not fulfilled, you may get an injuction against the unregistered comitee for not disrupting the supply of amenities to the flat even after payment of the justified dues.

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BVG rao (IC) 02 May 2013

Respected sir (Mr. Rajendra Kumar Goyal),

Thanks a lot for your quick response.

The problem here is that though the builder says he complete the pending tasks, he never did that.

over that the unregistered committee is forcing me to pay for the diesel maintenance fee for generator back up, which I clearly told them there is no provision made in my flat by builder. Hence I requested them to hire an electrician and get it fixed in my flat so that I can also enjoy the facility and pay the extra fee of 200Rs for diesel apart from general maintenance of 1000 Rs per month.

However they just stand on junk logic that the provision should be done by builder and they want me to settle it with builder and even without using extra back up they are forcing me to pay extra maintenance.

How far is this true that there is no relation between maintenance fee paid and pending activities in the building?

Also does generator back up, which was provided since only last month, comes under general maintenance and every tenant should pay it, in spite of not using it?

As there are nearly 5-6 more tenants like me, who made invertor provision at their flats and they do not want to use generator back up at their flats. Can they opt for not paying, as they do not plan to use it in future?

Thanks,

BVG Rao

Rajendra K Goyal (Advocate) 02 May 2013

It seems that the unregistered committee may create nuisance and proceed for disrupting basic amenities. Getting an injection from court is one of the last options, first try to conveyance the committee for not charging the extra as you have got inverter facility and not using the facility for which this is charged.