Dear Sir, i have one flat in KLJ builder floor in faridabad. builder already offer the possession of this society in may 2015. at the time of possession builder were demanding the some extra money . some buyers paid this extra money and take the possession of flat but i have not paid this extra money. due to this possession of my flat was not given. now i want to take the possession of my flat but builder is demanding the maintenance charges from may 2015 to till date. builder is not giving the possession without paying old maintenance charges. what should i do.
You can pay the money under protest and can then file a case in the consumer forum.
Also he must be charging the maintenance charges as per the BBA, which is usually charged after the possession has been offered, irrespective of the fact that you have taken the possession or not.
Regards
Let me know if I can be of further help.
Hii, in what context the extra money was demanded???.. Kindly be more specific.. If you have paid all the amount as per the builder buyer agreement he cannot refuse to give you the possession of the flat .. You can approach the consumer forum and can also file a suit for specific performance
1) has occupation certificate been obtained ?builder can offer possession only after issue of OC
2) you are liable to pay maintenance charges from date possession was offered if OC has been issued
3) take possession of flat and pay the arrears
1. Maintenance can not be charged from you since possession of the flat was not handed over to you by the builder.
2. It will be prudent on your part to first take possession of the flat by paying the maintenance under protest and then file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the maintenance unduly collected from you with interest, damage and cost.
When he was offering the possession in 2015, did he had the requisite completion and the occupancy certificate for the project? If yes, he was legally competent to offer you the possession and was thus, entitled to charge maintenance as well.
For further clarity, it is imperative that you find out when was the completion and the occupancy certificate obtained by the builder.
If the builder is not handing over the possession of the flat for which you have already paid the entire amount, then you may drag him to consumer forum for necessary reliefs.
You do not have to pay maintenance amount for the period you were not occupying the hose property.
You can refuse to pay the same and ask him to give the same in writing.
He will become cautious and then may waive your maintenance amount alone.
You can either refuse to pay the maintenance charges and then go to court against the builder to recover the possession of the flat. ALternatively, the maintenance charges may be paid under protest and possession may be taken and then you may sue the builder for recovery of possession.
