Harassment for flat maintenance by builder

Querist : Anonymous (Querist) 01 December 2011 This query is : Resolved
Hi, I bought a resale flat in Pune in Aug 2011. The maintenance dues of 40K have been paid for 3 yrs by 1st owner

and posession was given in Sept 2009. The flat was vacant till April 2011. The agreement between first owner and

builder clearly states that the amount is for 3 yrs and he will revise the amount based on inflation after 3 yrs

have been completed. The builder is claiming he has exhausted the amount and demanding Rs 3000/- per month.

Construction is still on for 6 more buildings located in same premises. Society has not been formed and builder is

refusing to form until construction is over. I have few questions based on this situation:
1. Is the agreement between 1st owner and builder still binding on the builder considering I am 2nd owner?
2. Isnt the builder responsible for maintenance till he has finished and formed society?
3. He has started using maintenance money from Day 1. My understanding is that he needs to safegaurd it and

handover when society is formed. Is this correct?
4. My flat has been occupied for just 8 months. Does Sept 2012 deadline apply to me? Can this date be extended

based on occupation date?
5. He is threatening to stop water supply. Can he do it?
6. What should I do? Pay him or wait till 2012 or beyond?
7. What action can I take against him based on your answers for 1 to 6?

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ajay sethi (Expert) 01 December 2011
1)it would not be approrpriate to comment without going through the agreement

2)since builder has deleivered posession to you , responsibility of maintenance is upon the members of building .

3)if builder has collected deposit amount from members he is required to handover on formation of society . however maintenance amount collected is used for maintaining completed building
4) depends upon the wordings of agreement
5) he cnanot stop water supply

6) pay under protest then move consumer forum for deficency in service

Rajeev Kumar (Expert) 01 December 2011
I cann't reply to anonymous query

V R SHROFF (Expert) 02 December 2011
My Dear Pune Flat purchaser (resale in complex under construction, no Soc formed)
my Ans to ur q

1) Not binding
2) No.
3) No.
4) No.
5) No. MOF Act Sec 12A apply.
6) Do Whatever u like, Legally, it will not make any difference.
7) NIL. No Legal action.

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