1. Is the builder charging you maintenance? If yes, for what?
2. Unless the project is manned by a security guard you are not liable to pay maintenance charges.
Maintenance charges
Taken possession of a flat of delayed project with oc and even without electricity connection and other facilities such as dedicated parking, club facilities etc. Though some people are living thrre, i keep my flat vacant in the absence of above Can i liable to pay maintenance charges.
Asked 6 years ago in Property Law
Religion: Hindu
16 Answers
You are liable to pay maintenance charges as you have taken possession of flat
it is immaterial whether you are staying in said flat or not
Yes, if society is performed and builder has handed over all papers to society otherwise not.
The possession letter was issued without completion/occupancy certificate and there is no legal electricity/water coonection provided to occupants, though they have deputed security guard.Even the project is still not completed as covered parking and club facilities are still under construction along with some other blocks. Is still i am liable to pay maintenance charges. As i was reading some questions related to same, there was written that without completion certificate, builder cannot ask for maintenance.
Asked 6 years ago
Builder's are initially taking charges of one time maintenance. If he had not provided or any above facility kindly make a complaints in the RERA and Consumer Forum of your city.
There is actually a deficiency in service of maintenance.
Immediately complain to the builder to remove the deficiencies. If builder does not respond, you can deduct the proportional amount for the services not provided by the builder as a temporary means of protest.
Thereafter, within a reasonable time if the situation does not improve, file complaint to RERA to this effect for necessay order and also for compensation.
Till oc not obtained you are not liable to pay maintenance
You should have refused to take possession of premises in absence of OC , water and electricity connection
2) if you have taken possession of flat builder can recover maintenance from you
3) you can file complaint against builder before RERA or consumer forum and seek orders to direct builder to obtain OC , provide water , electricity connection and also seek compensation from builder
1. In this scenario there is no question of paying maintenance to the builder.
2. You may refuse to pay maintenance through a written communication to him.
Dear sir ,
Without occupancy / completion certificate no builder is liable to claim maintenance charges and your not liable to pay maintenance charges as the work is still under process!
Maintaince is payable for unoccupied property but for comman area usage and not water , electricity.
You can deny maintiannce to builder for deficiency in delivery, what was promised and paid for.
OC and CC both are must documents, and without CC delivery of possession not complete.
No you are not liable to pay for maintenance if essential amenities are not provided to you from builder.
But you have to issue a notice to builder for providing all the facilities and in absence of those you are not liable to pay maintenance.
Otherwise if you have taken possession then you are liable to pay other maintenance changes which are being provided by builder.
If you are the owner of the flat, you will need to pay for maintenance in full irrespective of whether the flat is occupied or not.the reason being that maintenance fees are costs incurred for upkeep of common areas( security, lighting, cleaning etc). Also you are not liable to pay maintenance if the fee pertains to provision of mandatory services like electricity and water to your flat as these are consumption based charges and you are liable to pay only minimal charges specified by these service providers..
it is not advisable to take possession without occupany certificate or completion certificate. Issue a notice to builder, if he still doesnt give possession with cc, then file a complaint with RERA.
Dear Sir,
Time to pay
You will be asked to pay maintenance charges at the time of possession. The charges in all societies vary depending on the amenities and location. Some builders may ask you to pay maintenance charges for two years when you take possession but it depends on the builder and the time taken for forming the RWA.
"RERA provisions for time-bound creation of association of allottees and handover of common areas to them ensures transparency with respect to levy of maintenance charges, as the allottees can themselves decide the charges through their association. Further, with promoters enjoined to disclose details of maintenance charges on the website of the state RERA, imposition of arbitrary charges subsequently is avoided," Rahul Kripalani, a Delhi-based lawyer practising consumer law, says.
Pay after registry
Some developers ask you to pay maintenance charges along with the electricity meter and other charges due before giving you the keys. You should not pay maintenance charges if project registry has not been made and you do not have an occupancy certificate from the builder.
Once you have taken possession of the flat allotted to you then you are liable to pay the maintenance as fixed by the builder.
Not staying there is your problem for which the builder cannot provide any answer.
Without completion certificate you should not have accepted the possession.
Since you have taken possession you will be held liable for monthly maintenance as fixed .
You could have fought this menace if you had not taken over possession.