Purchased shop under construction building in 2016. OC received by the builder in Nov-2019. Shop is completed but parking area is still under construction, they promised to complete in 2-3 months time.Now, builder is forcing us to take possession and pay maintenance charges from OC date. My question is are we liable to pay Maintenance from OC date or possession date? Can anyone give legal support to this. Instead they are charging us hold penalty and interest for not taking possession on time. Is this correct?
maintenance will always be charged from date of OC regardless of the buyer taking possession of the flat for whatever reasons
the builder is correct here
just because the parking is under construction is no reason to refuse to take possession of the flat which is complete in all respects and when OC for the building is also issued
In the above case builder has to complete all the pending work and handover the same to you. You need to pay the maintenance only from date of completion of all the said work by builder.
How to support this? Does RERA gives any clarity on this?
please check your registered agreement
it is a matter of contract
RERA will not help in this
Maintenance have to be paid from the OC date.
Still you want to oppose than file complaint in RERA
As per RERA, there are few citations that builder is not liable to take maintenance unless and until shop or flat owner take the possession of the shop or flat.
Yes as per rera rules builder can only charge maintenance from date of oc. If oc is not there builder needs to pay the same as already ruled by maharera. But buyer should not take possession in such cases where oc is not received
https://www.google.com/amp/s/www.mumbailive.com/amp/en/real-estate/no-builder-can-ask-for-maintenance-fees-until-the-oc-is-obtained-maharera-22902
Builder can charge you maintenance only after he has delivered possession of shop to you
he cannot charge you from OC date
The question of payment of maintenance from OC Date does not arise as builder has not delivered possession to you
From the date of possession.
Hi
1) Clause 7.1, 7.2 and 7.3 of Goa Real Estate (Regulation and Development) (Regulatory Authority Form of Annual Statement of Accounts and Annual Report) Rules, 2017 will be applicable in present case and the same can be assessed at https://rera.goa.gov.in/reraApp/resources/staticpage/RERA_Rule_345.pdf.
2) If the builder has asked you to take possession in compliance of Clause 7.2 (wherein the builder has asked you to take possession within 15 days from date of OC), then you are liable to pay maintenance from the expiry of 15 days from the date of receipt of notice.
3) Vide clause 7.3 of the aforementioned notice, if the allottee fails to take possession upon receiving a written intimation from the builder, then allottee shall be liable to pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of and incidental to the management and maintenance of the said Project and the building thereon
4) So, you should challenge the issue of Occupancy Certificate itself by way of filing a WRIT in high court given that the parking is incomplete and surprising how the authorities issued Occupancy certificate without completion of parking area.
Hope this information is useful.
Maintenance are chargeable from the date of possession of flat by the purchaser.
OC is a document which is issued by planning authority and competent authority of village,town,city or State which permits the Builder and Developer of Project to allow the purchaser of the flat to occupy it as the project which was approved has been completed as per lay out and plan.
Now crucial matter of maintenance is simply a Builder and developer has no right to seek maintenance from flat buyers. The maintenance are being charged by registered Society or Association of Apartments under MOFA and MCS Act 1960.
Maintenance charges has to be paid from OC date not from the possession date.
Dear Sir/Madam,
It is suggested that the RERA gives the clariry on this issue that the maintenance charges should be paid from possession date and the possession should not be forced upon the customer.
- As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment/shop .
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer.
- Further , if your builder has given you the letter of possession, then from that date onward you are bound to pay the maintenance charge.
- Further, when you have taken possession of shop, you become liable to pay the maintenance charge as per rule.
- Hence, the builder is wrong to ask you to pay the maintenance charge from the date of OC.
- You can lodge a complaint before the RERA .
The builder might have obtained OC without completing the entire constructions due to his influence with the authorities, it do not mean that you should pay the maintenance charges from the date of OC, ask him to show the rule in this regard.
You can start paying the maintenance from the date of possession .
Why should you go to RERA, it is simple that ask him to give it in writing demanding the same from the date of OC with relevant laws supporting his claim, he will not be able to do it.
If he does, you can drag him to court of law for his unjustified/exorbitant demand which comes under unfair trade practice in the consumer law.
Once you have taken possession builder will charge maintenance. Builder cannot compel you to pay day to day expenses until completion certificate has issued and society has formed.
Sonce OC has been taken file a complaint against the builder in the consumer forum immediately on grounds of deficiency in services and unfair trade practices.
RERA tribunal cannot be approached as OC has been taken.
You are liable to pay the MC from date of taking possession.
Make representation to RERA seeking its indulgence against the Builder's aforesaad demands.
Whether the maintenance has to be paid from the OC date, or from the date on which he offered you possession, will depend on the terms and conditions of the builder buyer agreement you signed with the builder.
Mostly, it has to be after a lapse of 15/30 days from the date on which he offered you fit out possession. This is the most common arrangement, in these kinds of agreements.
1. You are liable to pay maintenance form date of possession of shop and not from date of OC.
2. No it is not legal for builder to charge interest for not taking possession.
