Maintenance charges taken in advance

This query is : Resolved 

Querist : Anonymous (Querist)
14 October 2019

Dear Sir,
The builder took maintenance charges for 2 years. They also said that the charges would be applicable for two years starting from the time we took possession which happened on 28th June 2018. Now conveniently they say that as per their rule they are applicable from the time they received the OC which was in Sep 2017. This is not inline with their commitment. There are many who have the same problem in our society.
Please guide and help
regards Anil More

15 October 2019

Dear Sir,
You may get issue a legal notice and approach consumer forum.

Dr J C Vashista (Expert)
17 October 2019

Mr. Anil More,
Whether your property is part of cooperative society or RWA?
Did you (with other owners) agree to pay maintenance from the date of OC or possession?
What are the terms and conditions of Builder Buyer Agreement?
It would be advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.

Hemant Agarwal (Expert)
25 October 2019

1. Legally and from Consumer Court's law point of view, the Builder is entitled to start levy of maintenance "ONLY" from date of possession letter given to Flat Owner. Many times OC is received, BUT many Flats are remain unsold .... here builder CANNOT now charge such new latest Flat buyers from date of OC.

2. You can dispute Builders claim on the above logic, via a Legal Notice to him and on his failure to comply with the Legal Notice, You can file a grievance petition before the local Consumer Court or in the Civil Court, and get relief, damages, compensation etc....

Keep Smiling .... Hemant Agarwal

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