• Builder sent notice to vacate my own flat because non payment of maintenance (under dispute)

I have purchased flat in Empyrean township in Nagpur from M/s Fire arcor Ltd. As per allotment letter/agreement , THE CONSTRUCTION WILL BE COMPLETED IN 24 MONTHS FROM THE DATE OF ISSUE OF ALLOTMENT LETTER. (25.12.2010) .
i.e. completion date should be 25.12.2012. completion should include all amenities as per signed agreement. Otherwise it is incomplete.
2. As per agreement Rs 99/- per sq ft. of the unit area for external maintenance charges of the township is up to 01.01.2017 was payble at the time of possession.
And accordingly builder asked me to pay Rs 165231 +Rs 24785 ST) i.e . maintenance charges from 25.11.2012 to 01.01.2017 approx 5 yrs.
3. I have already paid Rs 165231+ 24785(ST on maint.)= Rs 190016.00 for 5 yrs.

3. Since I got possession on 28.6. 2016 instead on 25.12.2012 , which was partially completed. ( Essential Amenities- Drinking water is not suitable for drinking and quality not as per WHO standard.), I am liable to pay maintenance charges only from 28.06.2016. As I have already paid maintenance charges in advance for 5 years i.e. from 28.06.2016 to 28.06.2021, there is no dues pending against me.

4. Therefore no maintenance charges are to be paid by me upto 28.6.2021.

The builders has sent me letter to pay maintenance charges Rs 2.87 lakhs, otherwise no entry will be allowed to me or my tenent in township.

Builder has not formed the society till date. 

Kindly advice.


Jayant Gajbhiye


Jayant Gajbhiye
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

If the builder has issued a legal notice in this regard, you may issue a reply notice denying his allegations and may state that the maintenance amount was already collected by him in the past when the construction itself was not completed at that time hence this becomes a double claim which is nothing but an act of cheating or extortion exploiting the circumstances.

After that you can appraoch civil court with a suit for permanent injunction against the builder restraining him from stopping you to enter into the flats or to restrain him from interfering in your possession and enjoyment of the flat purchased by you by a registered sale deed. 

Until you do not initiate a proper legal action the builder may not come to your terms and you will incur more and more loss in this regard. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to pay you compensation for delay in delivery of possession 

 

2) also orders restraining him from claiming any maintenance charges , to form society and execute conveyance in favour of society 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Challenge this notice before the Consumer Court of your area/town for the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

MC is payable after OC issued and not after possession delivered. And builder cannot restrain you from entering in your flat. You can file police complaint. You can get stay from court agasint builder or complain to police if wrongfully restrain to enter.

Even if there was legal demand of MC, you cannot be restrain to enter

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Builder can not legally stop your entry to the flat. Forceful  stoppage of entry would be criminal offence. Complain to police in such situations. 

You can file private complaint before magistrate u/s 156 CrPc. 

You can also file civil case. But it takes time. 

So better to move to criminal court. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Since you have already paid maintenance charges, you are not at default.

You can issue notice to the builder for delay in completion and handing  over of the flat without basic amenities and also claim damages against builder.  If builder do not respond, you can file complaint before consumer forum for damages.

Further, you can seek a direction / order from Forum directing the builder not to demand maintenance and also to direct him to form society and handover the accounts to the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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 

 

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

They can't restrain you forcefully to enter the premises. You can take interim order from consumer Court in this regard and resolve the issue. Furthermore the said issue can be resolved by deciding the same under consumer court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Restraining, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The builders may ask for 12 months, or 24 months, of maintenance charges in advance at the time of possession.

Issue a legal notice through an advocate and file Complaint before District Consumer court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Builder cannot stop you from entering your own house due to non payment of maintenance.

2. If builder stops you from entering in society then you can lodge FIR against builder and his employees who stops you. 

3. File complaint Before consumer forum against builder for asking for maintenance of period when he doesn't hand over the possession to you that is before possession date. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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