1) when was OC issued ?
2) builder can offer you possession only afterissue of OC
3) if you have taken late delivery of possession you would be liable to pay maintenance to the builder
Can a buider charge me maintenence before possession.
Hello , I booked a flat at bangalore in march 2015 , completion of the project was in july 2015 . due to personal reasons I registered the flat in september 2016 after paying 18% interest for delayed payment . Now builders charging me maintenance from july 2015 i.e the day of completion of project . is it legal from his side to charge me maintenance before possession . plus he s charging me service tax on this amount at 15% after GST s into effect .
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
What are the terms and conditions that are there in the builder buyer agreement. If the project has been completed then they can charge the maintenance from the day of deemed possession.
Regards
That will depend on the terms and conditions of the Builder-Buyer Agreement. Please reproduce the relevant clause from the Agreement so that I may advise on your question. Generally, maintenance from the buyer becomes recoverable after the builder obtains occupation certificate and ask you to take possession within the window provided by him. Even if you fail to take possession, the builder will deem you to be in possession for the purpose of levying holding charges and maintenance.
Hi, It is unethical to charging the maintenance charges from July 2015. Don't pay the amount, if he want he can recover the same through the process of the court.
Firstly the claim for maintenance from the date of booking is not maintainable especially when the possession was not handed over nor registration was done, you can instruct the builder to hand over possession and then demand maintenance
