• Maintenance

I recd offer of possession by buider . I went to inspect the status of flat and found that toileteries , kitchen work , ac fans , geyser , RO , and wooden flooring as in the agreement was not done. I quarried them and they reverted that first pay your last instalment mentioned in letter of possession , then do the registry after that we will complete this balance work and handover flat to you . I made the final payment . Registry is to be done .
To my surprises I recd a letter from some maintenance agency demanding two months maintenance charges . I have not recd the flat . Flat is not completed by builder . Only 40 % of flats are completed in entire project rest is under construction . Means facilities mentioned in brochure will be made available in years to come . Pls suggest the course of action
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

Hello

The builder has duped you and taken money from you and has not delivered the finished flat to you which was his duty. Therefore file a complaint with the state consumer redressal forum immediately.kindly elaborate so as to better appreciate the controversy. The name of teh builder and the agreement etc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You are not liable to pay maintenance construction has not been completed no OC issued nor building completion certificate 

 

only after you hav e taken possession you are liable to pay maintenance 

 

fike complaint against builder before RERA 

seek orders to direct builder to obtain OC and then deliver possession of flat 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Very well brother from the day you are offered letter of possession from that day they start charging the maintenance. But I would like to inform you my friend that this is a very case of RERA where you can make an online complaint and narrating the whole story there 

RERA compliant can be made through RERA website i.e. uprera.gov 

File a compliant and then and there they will ask for the copies of the the agreement. Try to mention everything precisely. 

However, builder promoter might have issued you an agreement do read that agreement they also offer Delay charges in case the project is delated. 

This is the easiest way out where in 6months all the work is done. Here you need any advocate to follow you. Keep the agreement all the letters and receipts of the payment. 

 

Else you can also file Consumer case for deficiency in services which might take 2 years and an advocate is needed to follow. And more of court fees. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Sir reply the said letter of maintenance denying to pay the maintenance as you have been not given physical possession and work is not complete. Further give a notice to builder and agency to.complete the work in prescribed time.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can approach rera or Consumer court and file a complaint against the builder.

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

1) You can make complaints in RERA office and Consumer Forum of your city area.

2) Before that first you register the flat on your name.

3) If all your maintenance and other expenses, plus completion of project, all amenities etc mentioned as per Agreement to Sale deed you should ask accordingly.

4) Don't pay any maintenance to third party except builder.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you can file a complaint in consumer forum for deficiency in services but before send a legal notice through an advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

If there is a resident welfare Association formed and taking the maintenance of the apartment when you are liable to pay the maintenance amount it is advisable to you that make your registration and post to enter in the apartment as soon as possible otherwise you will be end up paying the maintenance charges without utilising your apartment.

If the maintenance company is from the builder then he has to be the maintenance charges up to the date of possession and you will be liable to pay the maintenance charges from the date of possession

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have cheated with all along without any clear clarification about the completion of the flat.
  2. If your project under which you have booked, is falling under the jurisdiction of RERA ( if it has been there), then you should move a complaint there in writing, and then file case to get the relief as soon as possible as RERA court works in a very fast mode.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

No need to pay them the maintennace.

Maintenace charges can be levied from you only once all the facilities in the project are functional.

Also, possession can be offered to you legally only once the builder obtains the occupancy and the completion certificate. Pls find out the status of OC and CC. 

Need to see the Builder Buyer Agreement to give you more inputs in the present matter. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

refuse to pay any maintenance unless you receive possession with completion or occupation certificate

the builder is liable to register the agreement for sale on receiving 10% of sale price from buyer

in your case he has already received much more and still not registered agreement

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

The maintenance may have been charged based on the registration of the property.

You can refuse to pay the mainternance mentioning that you have not been handed over possession with the entire constructions completed.

You can issue a legal notice to the builder about the incomplete constructions and also instruct them to complete them at the earliest and not to charge any maintenance till then.

If the builder is not responding then you may approach cosnsumer forum for relief and remedy.

 

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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