Sir, I had made an agreement to purchase a flat from a builder in 2006. Payments were also made as per the agreement except the cost of stamp paper, registration fee etc. This amount was paid to the builder in 2017 and the sale registration was executed in 2017. The delay happened in the registration is not due to the cause of builder. The builder completed works in 2012 and handed over possession to other purchasers in 2013 .In 2013 itself the owners formed a society and the society is managing its maintenance repair etc .The builder handed over the list of un sold and the list of agreement to sell but unregistered apartments to the society in 2013. For the unsold apartments the builder used to give 25% of maintenance charges to the society Now the society is demanding maintenance charges, fine and other common contributions etc from me from the year of of 2013 onwards. I have not remitted any such charges to the builder at the time of registration in 2017 or earlier. Builder told that some times I need to pay 25 % MMC from 2-013 as the apartment was sold to me but unregistered. I am not interested to drag the builder in to a debate in this matter . It is heard that the association changed the 25% rate to 100% later. Am I liable to pay from 2013? If so at what rate? Since the association is registered under charity can fine be charged on me if i am liable to pay. Please give a reply. Thanks ShriramS
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You are liable to pay maintenance charges from date possession of flat is given to you
2) you are not liable to pay maintenance charges from 2013 onwards
3) any amount prior to delivery of possession is payable by builder only
4) I presume you have not delayed take possession of flat after execution of sale deed
Sir you will liable to pay maintenance from date of possession, you cannot be made liable before that.
in case your possession is 2017 than the builder has to pay if any you don't have to pay maintenance from the date before mentioned in your possession certificate as from that you become part of the society.
After possession they can ask for maintenance at the rate and interest prescribed in society bye laws or any resolution.
You are liable to pay the maintenance charges from the date on which you were handed possession of the flat.
I would advise you the following:
1. Since the builder registered the agreement at a belated stage in 2017, the possession was handed over to you at in that year itself. Therefore you are not liable to pay maintenance before the registration of 2017;
2. If the builder is still demanding so, you can send him as well the society a legal notice;
3. Can I ask when did the OC of the building come?
4. Relevance is placed on the case decided by the National Consumer Disputes Redressal Commission in the matter of Runwal Developers Pvt. Ltd. and Another Vs. Dinesh Hegde and Another, whereby it was inter alia observed that the flat purchaser shall be required to pay maintenance charges only when the possession of the flat has been given to him.
5. Similarly in the case of, Hermione Mary Salazar vs Mr. Anthony H. Silva, the State Consumer Disputes Redressal Commission reiterated the importance of section 6 of MOFA and protected the rights of the allottee regarding the payment of maintenance.
6. Thus, it is not only contractually as well as legally, the maintenance charges in respect of the said Flat are to be paid by the Developer. Even The Maharashtra Ownership Flat Act, 1963 casts the obligation on the Developer to pay the outgoings in respect of a Flat/unit until handing over the same to the purchaser.
Firslty, there must be a clause in the agreement with regard to the same.
Secondly, if not then it is the fault of the builder, and let him also be come into this otherwise things would come your intention to save the builder plus also not to give the demanded rates.
Thirdly, I don’t think that there is any act with regard to the same charges levied by the societies, so you are safe need not to worry.
If you have not taken possession of property on the date the maintenance is claimed from you, then you need not pay any maintenance for the previous period.
Let them issue a notice to you about this, you can question their authority to collect the backdated maintenance or the provisions of law on this.
The bye laws, if it is unjustified, cannot be accepted, you can challenge the same in the court of law.
If the society is doing some mischief of disrupting the services or disconnecting the basic amenities to you, then you can drag them even to the consumer court for this as well as for compensation or can approach civil court with an injunction suit against the society.
You need not pay for the period before registration of the property on your name or for the period you were not occupying the property before registration of sale deed.
Hi,
You are not liable to pay from 2013 at the rate of 100% MMC. You are suggested to send a notice for the same.
If he has given possession after following all due procedure of law like oc etc then for smooth functioning of the said apartment the maintenance has to be paid.
