• Unreasonable charges on temporary connection

Society is in District Gurugram. Builder received Occupancy Certificate in June/July 2019. Does OC allows Builder to charge on temporary connections for water and electricity? 

Builder charged for DG (Generator) @ 23.42/- per unit (from 1st July 2019 to 14th June 2020) over and above the GRID rate. Can Builder charge for DG (Generator) on temporary electricity connection?

Water charges should not be billed as per the rate of HSVPA, till the time Builder will not provide the permanent water connection? then charging at its own rate.
Asked 3 years ago in Property Law
Religion: Hindu

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20 Answers

1. Once OC  is granted then electricity and water connection is deemed to have been given. 

2. Electricity through Generator is given only as a power back up.

3. So the charge on this account is to be collected only on cost to cost basis. 

4. So in your case it's a fit one when you can redress grievances from consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

No the Builder can't charge even if OC is granted untill possession letter is issued to occupants of flats. 

Please issue legal notice and take the matter before RERA for redressal of grievances. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Yes.

Builder is liable to maintain proper water and electricity supply and till than builder only will bear its cost and not owners. 

Connections should provide from first day of delivery of possession with sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Builder can recover expenses incurred by him for providing water and electricity supply to flat owners 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

No Builder can't charge on temporary connections. 

It has to permanent and specified. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

No builder can't charge anything after OC it's the members liability and society takes over. 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Builder is bound to provide electricity and water connection to flat owners and deliver possession of flat to flat purchasers after issue of OC 

 

till permanent connection is issued by authorities builder can recover charges for temporary water and electricity connection from flat owners 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

No builder can  charge anything extra on top of Municipal electricity or water charge. When the possession is done it is bound  to give these essential services. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Hi,the builder obtains OC only after he has provided basic amenities (electricity ,water ) as per the RERA provision..Once the OC is obtained,he can provide possession to the allottes ..Yes ,the builder can ask for electricity and DG charges until the RWA is formed 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Occupancy certificate And completion certificate is issued by muncipal corporation if building has been constructed as per sanctioned plans 

 

builder can recover expenses incurred in providing water and electricity supply after delivery of possession to flat owners 

 

if temporary connection has been provided he can recover the expenses incurred 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

" You mean to say that RERA and Occupation Certificate allows Builder to charge anything on temporary connection."

This advice if given by someone has no basis of law. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Builder can't charge on temporary connections. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

I answered they can't charge. 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Yes you can be charged for temporary connections.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Taking over the possession without OC is an offence. 

builder can offer you possession of flat only after issue of OC. 

you should not pay maintenance charges if project registry has not been made and you do not have an occupancy certificate from the builder.

Once OC is Granted then Owner is liable to pay all Bills and maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment,

- Further, the builder is not eligible to claim any charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer. 

- Hence, if your builder has given you the letter of possession and obtaining the OC and has completed all the facilities like permanent electricity , water etc,  then from that date onward you are bound to pay the maintenance charge.

- Since, the builder has already granted OC , then legally he can take permanent electric & water connection, and before that the builder cannot ask for any charges. 

 You should approach the Consumer court.

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

You can file suit against builder for charging inappropriate charges for temporary electrical and water connection.

Yes builder can charge on temporary connection but charges should not be very high.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you find the charges are discrimination, then you can ask for explanation from builder in writing to clarify all your doubts and why the exorbitant charges are being levied without any justification.

On his unsatisfactory reply you can drag him to consumer forum for unfair trade practice.

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Once he is paying for the consumption on the temporary connections too, then he can very well demand the payment for that too.

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

What is your actual problem.

He has obtained OC and temporary connection on the basis of OC.

He would be getting permanent connection later on, but in the meantime who will pay the consumption, is it the builder or the end user?

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

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