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Asif Khan   01 July 2020

Advance maintenance charges by builder

Dear sir / mam This is regarding my flat in virar which I bought in jan 2019 in fully constructed building. I had done the registration in feb 2019. The possession date was in June 2019. After the registration I came to know that the building has got 95% completion certificate from architect certificate and remaining 5% will be obtained within a month. I was in need of immediate possession of flat as my rental agreement of my current flat was over. I informed this concern to my builder and he gave me the optionn of soft possesion of flat in March 2019 as legal possession was not possible due non availablity of 100% complete certificate and O. C. Before soft possession I paid advance maintenance of 18 months @ 3315 rs p.m and 1000 rs p.m electricity charges for 1 year. Since the time of soft possesion in March 2019 we had lots of issues on terms of electricity fluctuations and security issues, water leakage, 100% architect certificate, O. C etc. The builder had till date not solved the above issues. Now in June 2020 he had given us a notice of additional maintenance demand of 1 year as he is saying that the advance maintenance has been exhausted and he is paying out of his pocket. Now my question is is the builder legally correct in terms of demanding additional maintenance even if I have paid him 18 months advance which is not completed yet. What are my legal rights in this matter if builder keeps presurring me and disconnect the water and other services. Please help 🙏


 3 Replies

Adv Keches Shilwante (Partner @ Legal Biceps)     01 July 2020

Firstly taking possession without OC itself is illegal. Builder can take advance maintenanace from flat purchaser. The maintenance will commence from OC date. Builder have to form the society once 51% flat is sold out, after formation of society he have to call first promoter meeting and handover the society and also balance amount to society if any from advance maintenance. 

Asif Khan   01 July 2020

Thanks for the reply Sir. But the flat owners were not in a situation of waiting till the O. C is obtained as many of us had taken home loan which started after flat registration. If we had not demanded possession than we would have pay rent plus loan which is not possible. Please advise

Adv Keches Shilwante (Partner @ Legal Biceps)     02 July 2020

If society is not formed than I will suggest please approach Builder for formation of society, if he is not forming than you member approach ro Assistant Register Co-op Socities for formation and registration of society. 

With regards to society formation please consult advocate who have goof knowledge in housing society matter.

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