• Clubhouse charges

Sir I bought a flat in possession of which was handed over to me in December 2014. Before handing over the possession the builder collected all charges which also included one time clubhouse charges. Howerer at the time of possession of flat clubhouse was not ready for use by the residents and till date it is not ready. My question is that whether builder can collect clubhouse charges before it is ready for use by the residents. What the law about it?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

1) builder should not collect club house charges if club is not ready for use by flat owners /members 

 

2) ask builder to refund club house charges as club is not yet ready for usage 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

as per your sale deed builder must have agreed to provide you club house facilities 

 

2) if club house is not functional builder cannot recover these charges from you 

 

3) as and when club house is functional builder can recover these charges from you 

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

No, even payment made towards clubhouse was mistake on buyers part. You were not support to make payment of amenity not existed that time.

No where such thing written , this is common understood thing. File criminal complain agasint builder. That he took the payment and now refused construction of club house.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See you can file a consumer complaint against the builder for deficiency of services seeking refund along interest and charges for litigation. the builder can collect the amount but he has to provide said service in promised time frame so its a FIT case for consumer complaint,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See the charges for services can be collected before hand but it is required that in case timely services as promise are provided this is deficiency and malpractice on part of the builder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can demand refund, if builder refused then issue a legal notice through an advocate and file a complaint before District consumer Forum demanding refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

the question posed by you is erroneous

you are asking whether the builder is entitled under law to collect money for club house charges when the same is not even ready for use?

now let us ask the same question in case of flat sought to be purchased by a buyer

 

whether the builder is entitled under law to collect money for the flat when the same is not even ready?

 

obviously the answer to the above question is YES

So if a builder can collect money for a flat which is not even in existence or which is not ready, then on the same lines, he can also collect money for the club house when it is not even ready

 

if the builder has already collected the money from you and other buyers for the club house but the same is not completed and ready for use by the flat buyers, then the remedy will be to file a suit against the builder to either complete the club house and make it ready for use OR refund the money he charged from the buyers for the club house

 

if a society is formed then it can file such a suit on behalf of the buyers

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Club is a facility which is provided by the Builder just to remote the project by providing these services and payment of certain amount and it is made compulsory to the apartment buyers to take the membership of the club and they had to pay a fixed fees for that give any problem is not operational they had to pay the fees there is no rule set in this regard and in case the club is not operational and the Township is incomplete position you can approach to the rera and complaint in this regard as you are the consumer in this case as well as you have another option to approach to consumer forum or the state consumer dispute redressal Commission as the case may be if there are more customers involved and the value is running over to 20 lacs they can jointly go to state consumer dispute redressal Commission against the builder

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It's illegal you can claim the same as a refund with interest from the builder. If he is not paying you then you can file Consumer Complaint for the same

Prashant Nayak
Advocate, Mumbai
34597 Answers
249 Consultations

he can collect the clubhouse charges even before it is ready but it becomes his duty to provide the same at the earliest or else you can issue a legal notice asking him to compensate for the delay and also deficiency in service and then drag him to the consumer forum for releif.

 

T Kalaiselvan
Advocate, Vellore
90086 Answers
2502 Consultations

The payment for the clubhouse wold find a mention in the sale agreement itself.

This agreement was signed by you hence you cannot claim innocence ab out this terms or conditions.

However this will not prevent you from claimning refund since he has not provided the same despite collecting amount for this.

T Kalaiselvan
Advocate, Vellore
90086 Answers
2502 Consultations

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