• RWA issue

Dear Madam/ Sir , I had bought a property in greater Noida in 2011 which was duly registered in 2013. Builder never gave the possession of this flat to us as it was incomplete. On inquiring we learnt that builder has wrapped up his work from site and RWA was completing the pending work and hading over the possession . However the possession of our flat ( including the keys ) is still awaited from RWA. RWA has already started charging us monthly maintenance without even handing over . Is RWA legally right in doing so ? what are my legal remedies ?
Asked 4 years ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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15 Answers

RWA cannot charge you maintenance until OC is issued and possession delivered to flat purchaser

2) issue legal notice to RWA to withdraw maintenance demands claimed from you

3) file complaint against RWA before consumer forum and seek orders to direct RWA to deliver possession of flat to you and with draw maintenance bills claimed from you

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

No, if the possession is never handed over to you due to fault of the builder, the RWA can not charge you monthly maintenance charge.

So refuse to make such payment and ask the possession of the flat at once.

Since the possession was never handed over to you , you can file a case before the consumer forum seeking releif of getting possession where you will get such relief apart from getting enough damages and compensation.

Seek injunction also so the flat may not be handed over to anyone else and no maintenance charge is asked from you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

They can’t charge the maintenance without handling over the possession to you. Write a notice to them, if they still charge you then approach the RCS for the arbitrary action of RWA.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir file a consumer complaint against the builder and make Resident welfare association also party for delay in possession asking for compensation for.dealy ,mental agony and deficieny in service along with instant possession of flat and waving of maintenance till possession.

Before filing complaint a legal notice can be served upon both for above remedies if they fail to.comply the complaint can be preferred.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No, this couldn't have been done unless the position wAs such that you were failing to takover possession despite being repeatedly offered so.

Since you start using the common services and amenities in the Society only once your shift/take possession of your flat, they can't compel you to pay maintenance for the duration for which you've not loved in the society.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have not been handed over the possesssion.

Secondly, once the RWA has started maintemac charges from the owner then it gives the liability on their part to please give he possession first as there is no one would pay for what he has not been used into.

Thirdly, you please make an representation to the RWA about the possession of the flat otherwise you would recourse to legal remedy.

Fourthly, if they don’t act to it then yoit may have to approach the civil court of law for your right to be exercised.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It is not eligible to claim maintenance before the completion of the total facilities. you can file a complaint in the consumer forum for deficiency in services.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If the property is in Noida then the local lawyer of Noida shall be better option.

Yes the jurisdiction would be noida, you don't need to travel on every hearing you can appoint the advocate and he can take care of same. Complaint cannot be filed in Mumbai as respondent is in Noida and cause of action is also in Noida.

Further based on your age seek expedite order so that proceedings are taken up fast.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Take services of Lawyer in noida

2) your personal presence is not necessary

3) your lawyer can do the needful

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Sir, it is not possible for you to file a complaint in Mumbai.as the subject matter decides the jurisdiction to have a case. And the subject matter in present case is in greater noise and therefore, court's of noida will have the proper jurisdiction in this case.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

You cannot file any case in connection to this matter in Mumbai.

Advisable that you hire a local lawyer and avail his/her services.

Once you sign the Vakalat and authorise your lawyer to represent you in the legal proceedings, you will not be required to personally look after the proceedings.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You have to file your complaint in state consumer redressal Commission Uttar Pradesh which is situated in Lucknow along with complaint in rera the maintenance agency formed by the Builder is not actually resident welfare Association and the maintenance company is doing completion work on behalf of the Builder please recheck the status if there is actually formed RWA then they cannot do this and give the position as they are not authorised for and you have to go for registration of the property which builder are its authorised agent can sign on his behalf.

It will be better to take the services of locally available advocate who are doing the cases in state commission and regulatory authority any lawyer from Mumbai maybe very costly and may not be effective in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Taking service from Delhi based lawyer will be convenient for you since a lawyer based in Mumbai will be expensive as he will also take travel charges for all the dates.

Complaint can be filed in Gr. noida only i.e., the place where property is situated.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Actually the payment of maintenance charges begins from the date of the proeprty being registered on your name, but in this cae since it was incomplete and the same was completed now only, the RWA should not charge maintenance without handing over possession.

You can issue a legal notice in this regard and ask for explanation, failing to receive any response, you may approach legally on this subject matter.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Engaging the services of a lawyer in the nearby vicinity may be advantageous to you so that he can handle the issue even in your absence.

You cannot file any case in Mumbai, you may have to file it in Gazhiabad district consumer forum only.

You can engage the services of an advocate in that place and continue the case through him.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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