Hi Respected Members,
I am resident in housing society from reputed builder in Thane city.
The society has total 8 wings and was built in 2 phases - Phase 1 ( 4 wings) and Phase 2 (remaining 4 wings).
The builder has taken advance maintenance for 24 months from each flat owners and have taken a separate undertaking (it is not a registered document) at the time of possession in which there is point which mandates that purchaser has to pay any additional maintenance cost if the advance maintenance amount is exhausted by builder.
He has now sent a demand letter for additional maintenance before even completing the 24 months as per the agreement.
The builder has sent the demand letter for phase 1 wings only.
Builder has raised this demand letter 3 months after exhausting the amount also if is asking for monthly maintenance of Rs 5 per sq. ft where as the agreement menioned only lumpsum amount that has to be paid at the time of possession of the flat.
We need advise on below points
1) Does legal under taking given on 100 Rs Stamp paper has any legal standing in court of law.
2) Can builder demand additional cost before expiry of 24 months period as per the agreement?
3) Is there any rule or law under which builder has to give prior intimation if he is about to exhaust the advance amount?
4) Can a builder spent amount R 5 per sq. ft without taking consent from all flat owners? Please note builder has not formed society even after 1.5 years after receiving OC.
Regards,
Rupesh Pilankar
