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T SANKAR RAO (-)     12 August 2022

Unattended flat

One of the flat owners in an apartment complex simply locked and his whereabouts are not known for the past 4 years. Society could not collect monthly maintenance fees. What action is to be taken?


 3 Replies

Swadha   13 August 2022

The Real Estate (Regulation and Development) Act, 2016 (RERA) mandates, under Sec (4) (d), that the developer will be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees.

Section 6 of the RERA also states that: Every allottee, who has entered into an agreement for sale, to take an apartment, plot or building as the case may be, under Section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges if any.

T SANKAR RAO (-)     15 August 2022

Sir, The question is that the flat owner who purchased the flat from the builder long ago, is at large. The flat is locked for the past 4 years. What to do?

Ahmed khan   07 September 2022

Hi, the society can file a recovery suit against the residents who are not paying the maintenance.. To put more pressure on such residents the RWA can also restrict them from providing the basic facilities. Recently there was a flat in powai and the owner was doing the same society tackle the issue the same way.

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