• Does one pay the maintenance against builder malpractices?

While viewing the flat before buying there was a water supply, but after buying the flat there is hardly a water supply of not more than 15 mins. Builder just assures rather taking any measures to solve the water issue. this is happenig from past four years since the day we purchased the flat. Even though we are denied of our basic amenity water by builder(also there is no water shortage in that area) so still we should pay the maintenance of the building? Also the builder has not transferred from previous owner name to the flat on my mother's name(who is the purchaser and the legal owner of the flat) for the last four years despite of full payment. Is it not his solely duty to transfer the name? The builder is now telling us to do the same and withhelding affidavit of transferring the flat on my mother's name under the pretext of our due maintenance charges. Please guide,we are helpless...............
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) you cannot stop paying maintenance because water supply is inadequate

2) society / flat owners have to complaint to municipal corporation against inadequate water supply

3) if your mother has purchased flat by regd sale deed she would be absolute owner of flat

4) builder will in his records transfer flat in name of your mother on your mother paying maintenance charges

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. Supply for daily water supply enough to meet daily needs is basic requirement of a flat which every builder is liable to provide.

2. So if the builder fails to provide the same along with other facilities as mentioned in the deed, he is guilty of deficiency of service and unfair trade practice.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

What does the agreement and sale deed say with respect to the water supply? If the builder promised to supply the water then he is guilty of breach of contractual obligations and deficiency in service. You can file a complaint case against him in the consumer forum to seek compensation for deficiency in service and also directions to him to honour his promise. You are not helpless if you avail your legal remedies.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The builder after completing the construction should have handed over the premises to the association which he has not done so far, may be there is o association or society formed by the flat owners by themselves.

The builder cannot escape the liability to provide water which is basic amenity and essential item for survival.

Did you not find the reason that why the water facility was not provided properly?

The builder cannot dodge giving you proper reply to this question.

Why was the property not transferred to your mother's name when you have paid the entire sale consideration amount?

Is the sale deed executed and registered on her name?

Your inaction for the past four years has encouraged the builder to do the wrong things continuously.

You can issue a legal notice and drag him to the consumer court for his deficient services and demand suitable compensation also besides the reliefs and remedy for the current problems.

Consult a local advocate and proceed as per his/her further advise on the issue.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer