MAHARASHTRA OWNERSHIP OF FLATS ACT

NITIN PRMAOD JAIN (Querist) 26 September 2009 This query is : Resolved
Builder made 16 flats as per the society registration and sold 12 flats without completion certificate ask maintaince? can flat owner proceed under criminal law or consumer law. What is other steps taken by flat owners in such situation?

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Raj Kumar Makkad (Expert) 26 September 2009
It is mandatory on the part of builder to provide completion certificate required from him to the owners of the flats. Now he is demanding maintenance charges whereas the building is still under construction, it is mockery of law. You all should go in depth of your agreement and then give a notice to him and even then if he is adamant to demand, then you may go to civil court or in consumer court but not in criminal court because he has done nothing criminally in the given facts.

Bhumik Dave (Expert) 27 September 2009
Better way is to go in consumer court.

BHANU RASPUTRA (Expert) 27 September 2009
facts are not clear . i assume 12 flat are sold and occupation certificate is received and taken possession of flat , then builder has right to ask for maintenace.

BHANU RASPUTRA (Expert) 27 September 2009
1st step is occupation certiifcate and then completion certificate. on taking O.C. and purchaser taking possession , builde rhas right to ask for maintence.