• Rate of maintenance charges on high rise society

It's for new high rise society where partial completion of few towers given and bulider doing the maintenance. Bulider deciding the rate of maintenance based on expenses but resident consider it high based on available amenities. Expenses shown by builder can always be cooked up and inflated. What write resident have in these circumstances as RWA also not formed
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

The builder cna always refuse to pay the exorbitant maintenance cahrge and take the reins of maintenance of the complex unto their hands.

If it is not  possible then file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

You can seek audited accounts from builder for maintenance recovered from members 

 

2) if builder refuses to provide audited accounts file complaint against builder before consumer forum and seek orders to direct builder to provide audited accounts and refund excess amount if any charged 

 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 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 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 the society is already formed then the builder should handover maintenance operation to association.

- However, at the time of selling the flats, the builder collects maintenance funds from each buyer, which is not shown in the basic selling price, and the said maintenance fund collected from each apartment owner is deposited as a corpus fund.

- Hence, now builder cannot collect more maintenance from the owners , and you should try to form the society .

- If the builder insist for the same , then file a compliant before the consumer forum . 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

In the absence of a legally recognised  RWA, the maintenance of the building shall vest on the builder alone.

You people can ask for the details of the expenses and if it is found to be an exaggerated figure then you can raise an objection to it  but cannot refuse to pay them.

Any legal resistance in this regard may not ftch you the desired result hence better mobiliose the support of like minded people and give a tough challenge and objection to the inflated figures furnished by the builder towards expenses.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

1. Residents have the right to refuse to pay the rate of maintenance charged by the builder.

2. They can also file a suit for declaration to declare the rate of maintenance as arbitrary and illegal and seek a declaration to form their own RWA.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir/Madam,

1. It is best to look at the bye-laws of the society to determine what rights are granted to the resident.

2. If a tenant feels a housing society has not been fair, he can file a police complaint against it, claiming infringement of his rights as a citizen. The member, too, can take legal recourse, such as approaching the civil or the cooperative court. He can also appeal to the deputy registrar of housing societies concerning his grievances.

Thank you

God Bless

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

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