Mr Jayant,
I can understand your problem in this regard. There are already many cases against M/s Fire arcor Ltd in Bombay High Court. I have observed that from the time one books a house to actually getting its possession, there can be plethora of charges, some disclosed upfront, while others are buried under the loads of agreement papers, which are typically signed blindly by the buyers. One such charge is the maintenance agreement between the buyer and developer. 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.
Maintenance charges involve a contractual element between the buyer and the developer. It is included in the allotment letter, initially issued to the buyer after he has paid the booking amount. The actual amount, however, is not mentioned and the builder indicates a range if asked by the buyer during the initial stages of the deal.
Please understand that no developers can't charge maintenance charges arbitrarily. Even though many state governments have made rules regarding such charges, the most effective and useful legislation that provides clear guidelines is from the state of Maharashtra.
To my mind as a resident paying maintenance charges, you can look at the actual amount spent by the builder on maintenance, along with the break-up. It is the residents' right to be aware of the amount spent by the builder on maintenance. Till a society is formed, a builder pays for the maintenance and has to keep his books open for scrutiny by the residents.
Maintenance charges are applicable from the time a flat is occupied. Generally, maintenance charge is levied periodically. It is necessary to fund operations related to upkeep, maintenance, and upgrade of areas which are not directly under any individual's ownership. RERA's provisions enjoin upon the developer to see that residents don’t pay ad hoc charges.
I'm dealing with such cases in Hon'ble Supreme Court can help you out to reply the notice you have received. You can claim compensation for mental and physical agony you are facing file filing a case in consumer courts and RERA.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate-on-Record & Amicus Curiae,
Supreme Court of India