Builder maintenance demand prior to possession
The builder had sold a shop to an investor and entered into Sale agreement in December'13.The possesion of the said shop was pending.The investor sold his shop to me by getting agreement and registration in Feb '14.In the resale agreement signed between me and investor it is mentioned that i will take the possesion of shop directly from builder by paying the final amount nearing 2 lacs which included society formation charges,Development charges,Legal fees,Electricity meter charges and 12 months maintainance,etc.The builder gave me NOC to mortgage my shop for Bank Loan immediately after my Resale agreement was registered.The final disbursement due to loan process were done after a month and a half.I paid the final payments to investor and the builders 2 lacs and took the possesion in april '14.The O.C of the shop came in May 2013 and the society is yet to be formed.Now the builder has send me a Demand letter asking me to pay maintainence from the date of O.C in may"13 but i took possesion in April 14.He is saying now that the amount i paid him to take the possesion was from the early date and my current account shows a lot of dues.Can he charge me maintainence retrospectively from May-13 even if the possession was taken by me,the 2nd owner ,april '14.
Asked in Property Law from Mumbai, Maharashtra
Basically according to the builder the maintenance that i paid was from May 13 and that's why i have arrears on my shop,whereas i was under the impression that it starts from the day i took the possession.In the receipt that he gave me for paying the maintenance,he does not mention any period,neither the retrospective phase or the advance 12 months.Kindly advise my legal Status.I am in agony over the unpleasant surprise.
Asked 2 years ago
1) builder cannot seek to recover maintenance dues from you from may 2013 when possession was handed over in April 2014
2) the agreement was entered into with seller only in February 2014 and as per agreement possession was to be given by builder directly
3) the builder ought not to have given NOC when dues were pending from original investor
The agreement conditions are ambiguous hence no concrete opinion can be given. However legally you have to pay the maintenance from the date of possession by letter and spirits.
You may produce the papers before a lawyer and take his opinion to handle the issue legally.
1. Does the agreement not specify the date of commencement of maintenance charges?
2. If there is nothing mentioned in the agreement with respect to the date from which the maintenance charges are to be paid then the same is to be paid from the date of possession.
3. Do not be in agony. Issue a lawyer's notice to the builder and refuse to pay the maintenance retrospectively.
1. The pending maintenance amount should have been paid by the earlier prospective buyer from whom you had bought the property if he would have owned the property for that period for which maintenance has been sought,
2. He had entered into agreement for sale w.e.f December'2013 for which certainly he is not liable to pay the maintenance for the month of May;'2013 and thereafter,
3. With the above view, you are not liable to pay the maintenance claimed from you which tye Developer should bear.
1. You are not liable to pay arrears from May'2013 since the property was under the control of the developer at that time,
2. You are expected to pay for the maintenance from the moth of your taking possession of the property.