I have a flat in a certain building where the builder is charging advance maintenance since year 2014 whereas he has received the OC only in the year 2018. He has not handed over the society yet . Now the members of the building are having discussion about maintenance . I know that maintenance is to be chargee only after OC is received but a lot of members don't have any idea about it. I want a reference of an act or book or PDF where I can show to the other members that the builder can only charge us maintenance after the occupancy certificate he been received and the builder is committing a fraud here. Please help me with the book and specific act as I have to represent my point legally in front of other members . They to scared to approach lawyers as the society formation might get delayed andyet no one wants to spend on the fraud money being asked. Please help me with the book or act and the section contained in it
Dear Client,
Without a valid OC, your occupancy is illegal as it can be classified as an unauthorized structure by the authorities. Hence, no MC can be charge on illegal occupation, further builder is liable to compensate for the period without OC. So, MC will adjust with that compensation.
Approach consumer court/RERA.
Recent order delivered by RERA that No builder can ask for maintenance fees until the OC is obtained.
builder cannot deliver possession of flat before obtaining OC
2) maintenance can be recovered after obtaining OC
3) you should not take possession and sue the builder before consumer forum to direct builder to obtain OC within stipulated period
Sir We have taken forced possession of our flats as the builder was dicy about handing us possession. Sir All of you, Could you help me with reference book or act and section in it ?? My question is that I want the reference book or act where I can point out to other members that we should only pay after OC is received. Thank you
1. You can find such judgments in website of Consumer Court of Mumbai. There are many such orders.
Without fail, file consumer complaint. You are entitle to compensation for not providing OC through CC.
And refund of MC paid till date with interest for charging MC without OC through RERA.
Judgements
in your case you have taken possession of flat . builder can then recover maintenance from you
The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property.
No Occupancy Certificate means that the building has not been given a “Pass Certificate”. This means that it does not have all the mandatory infrastructure/ clearances that make the building inhabitable.
Builders, without fulfilling the mandatory terms of sanction and/or promises to the buyers are eager to hand over and move on to the next project. By getting people to live in the flats, they create a shield for themselves. They also escape from the delay penalty clauses that are in the agreement.
Most buyers do not pay much heed to maintenance charges in the initial stage of booking, but it comes back to haunt them as the possession date nears.
The builders may ask for 12 months, or 24 months, of maintenance charges in advance at the time of possession. Once handed over to the RWA, the frequency of collecting the maintenance charges is decided by it.
OC has to be obtained by the Builder before handing over / taking over of property
If it is not done, your possession will be that of unauthorized occupant.
You can give notice to the Builder to obtain OC.
Builder can charge maintenance from date taking over possession.
Builders, without fulfilling the mandatory terms of sanction and/or promises to the buyers are eager to hand over and move on to the next project. By getting people to live in the flats, they create a shield for themselves. They also escape from the delay penalty clauses that are in the agreement. - Buyers are eager to take possession of their homes. Many are not even aware of OC and what it means. - Water, sanitary and electrical connections are being given on a permanent basis even without OC. - There are tenants waiting to rent the property. - The law is not being enforced by the government authorities. Finally, it is the buyer who pays the price.
In your case you can either wait or make the payments with objection by which you can take the builder into legal task or drag him to consumer forum for deficiency of service to not provide you the OC.
Yes it can only be charged after oc. But for that you should not take possession of the flat. As taking possession before of is also illegal. So if you have not taken possession then builder can't charge maintenance
there is no book or act which specifically states this
it is based on common sense
if something which is not possessed by you then how can you be liable to pay maintenance for it?
the flat buyer gets possession only on receipt of OC and only from the date of OC or the actual date on which he was given possession [obviously after OC only], does his liability to pay maintenance arises and not before that
infact the builder buyer agreement itself would have this stipulation that the buyer becomes liable for paying maintenance only after he is given possession. Now after putting the buyer in possession, the builder can also charge from him advance maintenance and this advance has to be used by the builder only for the purpose of maintenance and if in meanwhile the management is given to society then any surplus which remains with the builder would have to be passed on by him to the society and the society would then give credit to the buyer/its member for the period which is sufficiently covered by the advance maintenance paid by the buyer
the said builder is not eligible to claim maintenance before the completion of the total facilities. First he is required to complete everything then he can ask for the maintenance charges. Also, if you want to, then you can file a complaint in the consumer forum for deficiency in services.
you can download from official website of maharera
Dear
The builder can charge the maintenance from the date when the owner take possession of flat.
Once the possession is handed over to owner then It doesn't matter that OC have been obtained or not.
