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Drhirdyesh Pant   25 May 2024

Maintainence charges up society under rera

I have a flat in a well known high rise society in greater Noida extension. I got the physical possession of the property on 25th September 2023. However the builder took the payment of 12 months maintainence in advance in March 2023 only. Now the builder is sending us mail stating that payment for maintenance is pending for month of May and June 2024. I got the physical possession of the property in sept 2023, acc to which my maintainence is paid for, till August 2024. The builder is saying they issued fit out possession in March so they will count months from that time but they didn't deliver the property to us till sept 2023. What shall I do? Infact they are denying entry to my tenant to shift to the flat. Moreover they are asking 3000 as welcome charges from the tenant. Even though no such charges were ever communicated to me officially nor they are mentioned in our Builder buyer Agreement. Security isn't allowing tenant to shift unless welcome charges and so called pending charges are paid. Please kindly help. 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 May 2024

There is a huge difference between fit out possession and getting a possession after receiving an OC. Fit out possession is basically a possession given to the owner which still has legal or some civil work left. You need to pay the entire amount to the builder while acquiring the fit out possession. On the other hand, OC is a certificate that establishes that the housing apartment in place has the required civic infrastructure, including sanitation, water, electricity and such other basic amenities. Many builders offer fit out possession but, it is generally risky to accept this possession as the legal formalities are still pending. Speaking about the possession time period after fit out possession, there is no definite time period when you might get an OC. At times, you might not even receive an OC if the construction and facilities don’t meet the authority rules and regulation. However, you can always deny to accept the fit out possession until you get the OC and the builder cannot charge you any kind of penalty for this.

Since you have already taken possession, you can now refuse to pay the maintenance for the period prior to physical possession, let the builder prove that he had handed over fit out possession and initiate legal action to recover the amount, you can challenge the same properly or you can approach consumer forum for this unfair trade practice of the builder

1 Like

Dr. J C Vashista (Advocate )     26 May 2024

Challange payment in the name of "Welcome" and "back-dated" maintenance.

Since you have already taken possession. security guards have "no' authority to stop you / your tenant to entry and occupy. 

Show Builder Buyer Agreement to a local prudent lawyer for better appreciation of documents and necessary proceeding.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 May 2024

You can obtain an order of injunction agaisnt the builder restraining him from preventing the tenant to shift into the flat without paying the maintenance charges by filing a suit for injunction against the builder and can implead the security agency also as a party to the suit.

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