Hi. I have taken possession on Feb 2019 (new project). As per agreement, we have paid 6 months adv maintenance charges plus 24 months security deposits for proportionate share of taxes and other outgoings. Now builder used 6 months adv. maintenance payment (Feb to July). Imp point here is our premises got part oc (not full OC). My questions as follows, 1. Can builder charge maintenance to the members post part OC? Or builder should charge post final OC only? If yes then will it be on carpet area or buildup area (in our case it's on build up area)? Whether he can charge GST on the same? 2.As of now most of the amenities are in WIP status. So he should charge the maintanance accordingly right? As he is charging full maintenance which is absolutely not ethical. (For eg. If 9 sub wings are there and out of them 6 are functional and there are security guide for each sub wings but we have paid for all the 9 guards so like wise he is charging full maintenance whereas all of the amenities are not fully functional yet). builder himself commited in written that all the amenities are not functional yet. 3. When we demand list of exp or basically the breakup of maintenance; he denied that and he is saying that we will give it to the soc at the time of handover. Legally does he responsible to give us the breakup when demanded? Being consumer do we have a right to ask for the breakup? Can we go to consumer court for the same or any legal action? Hope you will ans point by point. Thanks
Since you have taken possession of flat builder can charge you maintenance post partial OC
2) builder is required to submit audited accounts of maintenance collected from members
3) you can file complaint against builder before consumer forum and seek orders to direct builder to furnish statement of audited accounts for money collected from flat owners
If the project is still incomplete than he can't charge any maintenance from you people if you have already paid it.
Now do one thing which buildings premises are completed and owners had taken possession of the flats for a proposed society for completed building and registered with registrar of Cooperative housing society.
And than you have rights to ask expenses list for last 6 months period.
No he can't charge GST on it because the total turnover should go above 20 lakhs of maintenance.
It's post of only he can charge get only if monthly maintenance is more than 7500/- pm
They can charge only for the services they provide fullt. They need to be transparent and should provide break up
1) Since you took possession the maintenance will be charged as per your T&C.
2) & (3) Builder has to furnish the account details and submit the amount collected towards maintenance.
In case, if he does not give the details, you are at liberty to file complaint before the Consumer Forum against the Builder, seeking the detailed account statement of amount collected towards maintenance etc., before that, issue notice to him demanding the details.
builder is not eligible to claim maintenance before the completion of the total facilities..
A builder should provide audited statements of accounts.
yes, you can file complaint before District Consumer Forum.
Builder can charge maintenance from the residents if they have taken the possession of flats.
And it doesn't matter that building have partial OC or complete OC.
GST will be charged only if maintenance amount exceeds 7500 rs per month.
Yes he is legally bound to provide you details of maintenance charges you should send him a written demand notice for maintenance charges details.
1. The builder has handed over possession after obtaining OC to the flats which were handed over to the purchasers, the OC is yet to be obtained to the other under construction flats, hence there is no legal infirmity in collecting maintenance charges for the flats already handed over possession, there is no question of part OC or full OC in this regard.
2. You can dispute about this mis-utilisation of funds if you find them to unjustified.
3. If you feel that he is misappropriating the funds then you can issue a legal notice demanding the breakups for the amount collected towards maintenance.
If there is no response or proper justification you can drag him to consumer forum demanding compensation for the deficiency in service.
