Jayesh 16 September 2021

Building maintenance fund

Can an individual appeal in consumer court for misuse of building maintenance fund by a builder? Or should it always be a group of flat owners?

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Quick Summary

This discussion explores whether an individual flat owner can appeal to the consumer court regarding the misuse of a building maintenance fund by a builder. While RERA is responsible for initial provision and maintenance of common areas, it does not handle disputes over maintenance charges. The consensus suggests that it is generally more effective to lodge a complaint as a group of flat owners rather than individually, and the Consumer Disputes Redressal Commission is the appropriate forum.

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 16 September 2021

You can approach R.E.R.A. for your grievances on builder.Every housing society has some common areas and as per the Real Estate (Regulation and Development) Act, 2016 (“RERA”), the promoter or the builder is responsible for providing and maintaining essential services on reasonable maintenance charges to be paid by the residents.

Dr. J C Vashista (Advocate ) 17 September 2021

Correct fora for lodging a complaint is Consumer Disputes Redressal Commission of jurisdiction as RERA do not deal with maintenance of premises/ building. It is better to move in group of owners/ allottees.