• Maintenance charges

I have purchased my flat in May 2019. I paid 24 months maintenance charges. Now the RWA is being formed and new set of maintenance charges need to be paid. Since I have paid for 24 months I. e till May 2021,do I need to pay again when handover is done.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1. You don't have to pay same again the builder shall hand over the amount for remaining period to society/association formed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to first ask about accounting. If your maintenance charges are less compared to new charges only deficit needs to be paid. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- As per rule, at the time of hand over of maintenance to the Residents Welfare Association by the builder , the builder also hand over the balance amount in each of the bank accounts relating to the maintenance, as well as a copy of the description of Income and Expenditure statement duly certified by the Chartered Accountant. 

- Since, at the time of purchasing the flat , you have already paid 2 years maintenance charges i.e. for the period of May 2021, hence legally the formed RWA cannot claim twice for the said period. 

- Hence you need not to pay again when the handover is done. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

When you have already paid the charges nobody can tell you to pay them again. You must be having a receipt of the same.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Your maintenance amount would be transferred to RWA by the builder 

 

2) you need not pay any amount till May 2021 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If you have already paid maintenance charges till May 2021 then the formation of RWA does not make you liable to pay any fresh maintenance charges.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have paid 24 months maintenance charges to Builder /Developer and not to RWA since RWA was not existing at that time.

2. AFTER builder hand's over to RWA, your accounts alongwith all other owners shall be handed over to RWA.

3. RWA can charge you maintenance only from June-2021, since it is legal duty of RWA to take proper accounts from Builder while taking hand over from builder.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No, why would you oay twice.

Keep the receipts safe.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. You do not have to pay when you have paid the maintenance in advance at the time purchase.
  2. However when a RWA is being formed, it will be the future facilitator. If there are any charges being added it will be for the common fund. As such the RWA can not charge you 'maintenance' for the period for which you have already paid to the builder.
  3. If the RWA decides otherwise, you will need to obligate the builder and get him to involve.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

If MC is decided higher than what you have paid than have to pay excess amount from present date or if low MC than same shall adjust with future MC.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

No one can demand the maintenance tow times. However the money already paid towards maintenance is to be adjusted  with the amount charged by the current RWA. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Respected sir ...

You will have to pay only once for a time period if you have already made payment till 2021 then you need not to pay even a single penny to RWA...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

In all you have paid maintenance charges (MC) till May, 2021.

On forming of RWA, the MC paid by you will be transferred by Builder to RWA.

You need not pay MC till May, 2021 since you have paid the amount in advance. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If you have evidences to prove that you have paid the monthly maintenance charges then you can refuse to pay the entire new charges, but you may have to agree to pay the difference in the charges to that of what you have already paid so far in advance.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

No, you have not to pay the maintenance till 24 months if you already paid the same to the builder. if there is any dispute with the maintenance amount then you may claim the refund of that amount from the builder and may pay to RWA.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hi,since you have already paid in advance,the maintenance cannot be demanded again by the RWA ..However,additional expenses can be demanded if required for the maintenance of the society 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. No you don't have to pay maintenance till May 2021 untill there is some reasonable increase in maintenance.

2. If there is reasonable increase then you only have to pay the increased amount. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

if you already paid maintenance charges in advance then you can oppose them without any fear. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

NO, as the time of handover of society or RWA from Builder all details of account you do have to mention all details and builder will provide you people all details of his expenses where he has made it.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

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