Builder is absolutely wrong

2) builder has to first execute registered sale deed in your favour and after issue of occupation certicate or completion certificate offer possession of flat

3) builder cannot charge maintenance prior to issue of OC

1) For same period builder can't charge twice.

2) One should ask to elaborate maintenance charges and do not pay for same period. However first take the property possession in your hand.

Dear Concerned,

You may choose to file a case under specific performance and your success is sure shot - However we would suggest that as it would be a matter of mere say 1-2 lac rupees - Please pay this money - take the possession - get the registry done, once registry is done - FILE a recovery suit for the said money.

You have kept your money invested in this property for years - and any pre possession litigation will bring bad and no good....... Hence compare the X lacs say 60-70 lacs that you have already paid for the flat to the another 1-2 lacs builder is asking for.

Dont get into litigation - Dont send a legal notice - take possession - get registry done - FILE Recovery

Best of luck

1. Well, refer to the sale agreement as whether it contains any such clause regarding payment of maintenance charge for the period when you do not take possession.

2. It is a fact that of the property is ready for possession then the buyer is responsible to bear the costs of its maintenance even if he does not take its possession.

3. date of registration is not relevant unless the sale agreement stipulates something else.

Sir the maintenance can be charged only once the possession is given along with the OC and property is registered in your name.Before that builder is wrong in asking for maintenance amount.

So deny the same to the builder pay only for subsequent period.

builder is not eligible to claim maintenance, you can file a complaint in the consumer forum for deficiency in services..

Hello,

As and when the letter of possession is issued they can charge the maintenance, if the possession has not been taken then the holding charges will be levied.

Such payments are mentioned in the Builder buyer agreement.

if the same has not been mentioned then you may approach the court for the illegal demands.

Regards

There is a slight probability that what he is saying is right, but this has to be ascertained from the agreement(builder buyer agreement) that you signed with him. Also, it has to be seen as to whether or not the builder was possessed of all the requisite licenses when according to him he offered you the possession for the first time.

DO your homework by going through the agreement and the various correspondences that the builder has sent you. Ask the builder to share the date of receiving the occupancy and completion certificate with you.

If property is under RERA then approach RERA tribunal with complaint. If not then approach condumer forum.

Hi, the builder can charge maintanance only after recieving occupation certificate and once the possession of the flat is dilevered ...It is advisable to approach RERA for seeking relief ..

Builder is entitled to charge maintenance only if possession is offered with OC

If OC was not received and possession was offered then you can refuse to take possession and also refuse to pay any maintenance

however if the builder offered you possession with OC then whether or not you take the possession, you will be liable to pay maintenance on and from the date of intimation by builder to accept possession with OC

You can refuse to pay the maintenance if the possession was not delivered.

If the builder is insisting on it then you may issue a legal notice to him asking him to refrain from adopting such practices.