• House holding and other maintenance charges

I booked a flat in Ansal town meerut in may 2012 in installment scheme and I paid final installment in Feb 2016 .but due to some reason I could not take possession/registree . Now society charge me ...commen maintenance charge + late payment interest+ capital replacement fund+ holding+ cgst+sgst+gst on interest =total 618000/-.
What i do
Asked 1 month ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu

Hi, the builder can only charge you the holding charges and not the maintenance as per the RERA norms 

Hemant Chaudhary
Advocate, Gurgaon
4336 Answers
34 Consultations

4.9 on 5.0

Dear querist,

Since you have not taken either physical/constructive possession of the property you are not obliged to pay such charges. What can be done in this situation is sending a legal notice to the ansal tower and to get them out for the settlement. In case if they dont want to settle we can file a consumer complaint in the consumer tribunal. 

 

You can contact me for sending the legal notice and getting them for settlement. 

Regards,

Yuganshu sharma

Advocate 

Yuganshu Sharma
Advocate, New Delhi
251 Answers
1 Consultation

5.0 on 5.0

Thwre are some charges which you will have to pay. But some it can be waived. The society cannot force you to pay all the dues. Challenge this before the deputy registrar.

Rahul Mishra
Advocate, Lucknow
6749 Answers
15 Consultations

5.0 on 5.0

You can object to the same same & file complaint with the dy registrar of societies against the said society

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

1) is flat registered in your name ?

 

2) why have you not taken possession of flat ? 

3) has OC been issued ?

 

4) builder can offer possession only after issue of OC 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1. refuse to make the payment and contest the charges imposed upon you,

 

Suneel Moudgil
Advocate, Haryana
1713 Answers
3 Consultations

4.7 on 5.0

1. You become liable for any payment from date of Possession Letter and not before that. This has been upheld in several judgments of the Consumer Court.

2. IF you feel that Society charges are false /unjust, THEN file a grievance petition before the local Consumer Court, for unfair Trade Practice, Harassment, Negligence against the Society for false demands.  You become entitled to damages & compensation for your mental & physical trauma that you are facing thru.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

Yes the society is functional and you are in default for payment of common area maintenance charges and will be liable for payment of interest and penalty. But I am not pretty sure about capital replacement fund if created by the motion in AGM and holding charges.

Rest is receivable.

Vimlesh Prasad Mishra
Advocate, Lucknow
6299 Answers
20 Consultations

4.9 on 5.0

1. If possession has not been taken then you cannot be made liable for payment of maintenance charges.

2. You can refuse to pay the amount demanded and sue the society in the court for delivery of possession.

Ashish Davessar
Advocate, Jaipur
27730 Answers
820 Consultations

5.0 on 5.0

Who is having the possession of the property at present ? If builder than builder is liable to clear dues. MC will levy on you from the date of registration of sale deed and delivery of possession.

You can challenge the demand before co operative society court and obtain stay.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

If you have not taken possession or have not done the registration on your name then it is yet to become your property.

Having not occupied the property physically, you may refuse to pay the maintenance of the past.

Let them take legal action which you can challenge in the court of law.

Why did you not take possession, is it your fault or builder's fault?

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Once you make the final payment and registered      then on, you are responsible for payments related to the flat which at this stage would be the electricity bill and monthly maintenance charges.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

1. Try to negotiate the matter with society to minimise the maintenance charges and penalty for non payment which you can easily pay. 

2. If they refuse to negotiate then You should file case with consumer forum on ground that you have not taken possession of flat so you are not liable to pay maintenance until possession of flat is delivered to you. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that due to some unavoidable reason you didn’t able to take the possession.
  2. It is right that there may be some late fees charges for sure for the delay at your end.
  3. But, the same should not be this much of amount and also after adding all these useless categories which I am also sure that these are not there in the society norms.
  4. And also these all categories apart from late charges can’t be levied on you as the same is not the commercial acts/ transactions.
  5. You should challenge the same before the court of civil law to get your remedy.

Sanjay Baniwal
Advocate, South Delhi
5043 Answers
11 Consultations

5.0 on 5.0

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