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 8 years ago in Property Law
Religion: Christian
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 8 years ago