In my opinion, go through the buyer builder agreement thoroughly on the point of maintenance. If there is no such clause, send them legal notice through advocate practicing in RERA and if there is no response to legal notice, file a complaint with RERA.
Builder is asking for maintenance charges prior to delivering the promised facilities and amenities
I bought a plot in a society where a builder has allotted me a plot. Builder is asking for maintenance charges to all residents prior to delivering the amenities and facilities( many of these are partially complete). 1) Can Builder ask for maintenance charges prior to delivering all the facilities? 2) Also Builder is not providing any breakup of maintenance charges - is it legal ? 3) i bought a Park adjoining plot - At the time of purchase I paid 5% of PLC fees to the builder and got a PLC letter where it is clearly written that "Possession of the residential unit is hereby handed over to your good self with amenities such as Side Baram/Parking and Side balcony against PL charges of 5% of the said sale price in accordance with Buyers/Agreement/Agreement of sale." But in the buyer's agreement builder added the PLC payment to the total cost of the plot and wrote PLC paid as "0". Now builder is denying the possession of amenities such as Side Baram/Parking and Side balcony which is promised to me in the PLC letter. - what should i do?
Asked 3 years ago in Property Law
Religion: Sikh
7 Answers
- Charges are incurred only after receiving amenities.
- Any bill has to indicate as to under what head a charge imposed. There cannot be composite bill.
- You have a written agreement to the effect of possession is handed with amenities against 5 % PL charges.
- You can complaint to RERA Authority for violation of terms agreed under Section 7 of the Act. His registration will be cancelled. You can complaint to District Consumer Commission under new Consumer Protection Act, 2019 you will get compensation , damages for mental harassment, costs of complaint and fee of advocate.
Once you have taken possession you are bound to pay maintenance charges
2) file complaint against builder before consumer forum or RERA and seek orders to direct builder to provide amenities promised
Dear Client,
As per the facts which have been provided, you can hire a good advocate to get justice in this case and file a case against the builder.
Hope this clarifies your query and requirement.
Thank you.
1. The property's possession to be handed over to the buyer along with the OC/CC by a registered title deed, without which the buyer cannot acquire title to the property, hence no maintenance can be paid until then.
2. You can protest it.
3. You can issue a legal notice to the builder on the basis of the letter he had given to you earlier and can even drag him to RERA or consumer forum seeking compensation and remedies.
The builder cannot demand maintenance charges without providing the amenities promised. You may lodge a written complaint with your State RERA authority specifying your grievances and seeking appropriate redress.
You can object and file a consumer complaint against him
