1)developer is required to repair the transformer and pay the charges
2) as on date no OC has been issued by municipal corporation . builder could not have delivered possession of flat to you without OC
Maintenance charges for unplanned expenses for building without OC
Sir Good day, We are a society in Mumbai, the we have taken possession of the flat due to financial emergencies, and also have started to pay the maintenance, there are some 80 flats from 19 floors as per the plan of which only 24 flats in 6 floors have been built and remaining are yet to be built, only 6 flats are sold yet and all have taken possession. Now, there was an issue with the main electric transformer, that attracted an expense of about 3 lac, the developer is charging only those who have taken possession, is this correct? what is the right solution?
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
Better install individual meter, flat owner only liable to pay electricity for his flat and common area and not for consumption of full building.
Till taking over the maintenance of the project by the association, builder shall be responsible for providing and maintaining the essential services on reasonable charges.
Reasonability shall be construed from the facts of ground realities.
Dear Sir,
Normally Electricity Facility is needed for the purchasers who are in actual possession of apartments. As such the logic of builder is supported and more over this is a private agreement between the builder and the purchaser .
1. The builder can collect only the share ratio of the aggregate amount of the electric transformer. This means that IF there are 24 Flats and IF the transformer total costs is Rs. 48/-, THEN the builder has to divide 48 with 24 and charge Rs. 2/- per Flat as the Electric Transformer costs and maintenance thereon.
2. BTW, it is illegal to occupy (for whatever reason) a building in which BMC has not granted OC.
Refuse to pay it. its builders responsibilty to repair transformer and other works.
The flat owners are not liable to pay the expenses for repair in main line of electricity because builder have not yet completed the building and doesnt have OC.
Developer have to pay the charges for repair of transformer.
No it should be divided between all.
