• Apartment was left incomplete by builders

Our apartment was left incomplete by the builder 20years back. We have the legal rights. Now the association people asking us to pay the maintenance dues from then onwards. They sent a notice very recently. Do we have to pay full maintenance, even though the apartment is not in a position to let out or stat?. We have not gained any income out of it. Please clarify as we are overburdened by this notice to pay around two lakhs. The Said apartment is vacant and un finished as of now.
Asked 7 years ago in Civil Law

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5 Answers

1) what were you doing for 20 years ?

2) if builder failed to complete construction you ought to have moved consumer forum against the builder and obtained orders to complete construction as per sanctioned plans

3) you should not have taken possession of flat without OC

4) if you have taken possession your are liable to pay maintenance to the association formed of flat owners

5) association cannot claim maintenance for 20 years . Claim would be barred by limitation

6) they can only claim for last 3 years

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) ask the association to waive off interest and pay principal amount

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

The incompletion of your flat is no excuse if you have taken possession of the incomplete flat and has made the registration as well.

However since you were not using the flat you may talk to them and negotiate with a lesser amount.

Mere not staying in a flat is no excuse to avoid maintenance changes though you may ask for discount on this ground.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The association canot claim maintenance for a period more than three years as on the date of the claim made.

Moreover since you have not occupied the flat ever since its purchase over 20 years ago, you may give a reply stating that fact and may agree to pay maintenance for the current session and continue to pay in future too.

Let them go to court, you can challenge the same on the basis of limitation.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If we want to settle the issue how can we go about it? Please clarify sir.

You can give a reply offering the payment of maintenance charges for the recent period alone, if they dont agree, you may ask them to proceed because it is not maintainable in law for a claim in this regard for a period beyond three years as on the date of petition.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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