Through Emami Realty, I booked 3BHK flat at Hyderabad in the year 2012. Due to some issues ( Consumer Court case) my flat was registered on 25 th of February 2019 and possession letter issued on the same day. Before registration of the flat Builder has taken one year maintenance charges from August 15 to July 2016. Housing society cut the power and water supply of my flat and demanding to pay maintenance charges from August 2016 to January 2019. After registration of my flat on 25 th February, I already paid maintenance charge for the month of February 19 & March 19 and requested several times to supply water and power to my flat but they are adamant. Here it is also to be maintained that before the registration of the flat, flat was in the possession of the builder and keys of the flat also handed over to me on 25 th February 2019. Now what options available with me and how to deal with the society. Pl answer at the earliest as I am loosing heavily.
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file police complaint against office bearers of society
2) water and electricity supply are essential services and cannot be disconnected by society
3) society cannot recover maintenance charges prior to delivery of flat to you by the builder
4) you can also file complaint against society before consumer forum for deficiency in service seek orders to direct society to provide electricity and eater , to recover maintenance charges arrears from builder
For my flat I am fighting consumer case against the builder. In my Agreement of sale builder has mentioned cost of carparking space and charged separately. When I come to know that car parking is not saleable, I have written several times to the builder but after taking car parking cost builder registered flat in my name. In the AOS, builder mentioned built up area of the flat as 1378 Sq. Feet but in the flat registry paper builder (Emami Realty) has mentioned area of the flat as super built up area. At one hand builder has taken separately cost of car parking space and in other hand in the registry paper they added car parking area in the flat area. What is the chances of winning the Consumer Court case against the builder.
Hello,
send a Legal Notice to the builder for payment of the arrears of the maintenance. If he does not do the same then file a case before the consumer forum.
Tell the Society that you have taken appropriate action and therefore the water and electricity connection be started.
Regards
In the AOS, builder has mentioned that if there will delay on payments of installment then purchaser has to pay interest on the delayed installment @ 24 % per annum but if there will be delayed by the builder in handing over the flat, builder will provide @ Rs. 4/- per square feet per month. After paying delay penalty @ Rs. 4/- per sq feet per month for two months builder suddenly stopped paying. I am eligible for penalty for higher rate up-to what duration I will get penalty from the builder.
You will get penalty till the date on which you obtained the possession
Go ahead and file a case before Consumer forum and get it attached to the pending case before consumer forum.
Regards
you have good case on merits
2) sale of flat should be on carpet basis and not on super built up area
3) car parking area cannot be added to flat area in the sale deed
builder is liable to pay penalty at same rate which he has recovered from flat purchasers for delay in making payment
agreement is completely one sided and builder would be directed to pay interest at 24 per cent
They can cut electricity and water connection like this. You can file FIR against them you can also file Consumer Complaint
It is a settled law that the builder must compensate the allottee for delayed possession by paying him/her penal interest at the same rate interest which he (the builder) levies from allottees for delayed payment of instalments.
Fight your case in the Consumer Forum citing the law quoted above.
You have to appraoch civil court with an injunction suit seeking to restrain the association from indulging in such illegal activities, they have no rights to curtail the basic amenities.
You can also seek to direct the association to restore the disconnected services immediately, if at all they had any dues, it was the builder's responsibility to pay them since you were not an occupant of the flat for which they are demanding the maintenance amount, and also nothing prevented them from demanding the same from the builder for all these days.
Discuss with your advocate and proceed as per the advise received.
This is the cheating activity by all the builders across the country, which includes the reputed builders also.
You can fight it out strongly on the basis of documentary evidences and there are chances for success.
The latest supreme court judgment states that the builder cannot create any agreement which is one sided.
One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice: SC
"A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder." The Supreme Court has held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986.
So you can drag him to the consumer forum on the above lines and seek justice, relief and remedy for this.