Maintenance dues for common area & holding charges
I own a 3BHK flat at Bhiwadi in a society developed by a renowed builder. Builder offered the fit-out possession of the flat in Feb 2014, till 18th May the essential work like sanitary fitting, seepage issues and other work was not complete but even then we signed a paper to get the possession to start the fit out work subject to completion of the remaining work. Meanwhile the maintenance activities of the common area was handed over to the 3rd party service provider for its maintenance.
That mainteance service provider is asking for maintenace from 1st April 2014, while we are ready to pay from 18th May, 2014. Are they justified in asking the mainteance from 1st April, 2014 and would not issue NOC which is a pre-condition for getting the property registered (as asked by the builder) and builder is asking for holding charge @ Rs._____ of the super area of the property from the date of offer of possession or not getting the property registered from the date of offer of possession. Is builder justified in asking for holding charges. if you can reply with the remedy.
Asked in Property Law from Bhiwadi, Rajasthan
when did builder give you possession of flat? you are liable to pay from date possession was handed over
1. You are liable to pay for maintenance from the date of your being handed over possession of the flat,
2. You can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming relief, damage & cost.
You are only liable to pay for maintenance from the date of possession of the flat,
Advocate, New Delhi
Builder is also asking for holding charges for not getting of registry done immediately as per its fit-out possession offer. Letter was issued in Feb 2014, whereas possession is handed over in May, 2014 and still many activities relating to the project is pending, even state power is not available at the site. We believe that builder does not have the NOC from the relevant Govt Authority about the completion of the project. Is the builder justified in asking the holding charges as a pre-condition for getting the registry done. if you can reply with the remedy.
Asked 3 years ago
1) pay the said amount under protest . then move consumer forum against builder for deficiency in service
2) . seek compensation for failure to complete work on time.
3) as far as your query regarding holding charges levied by the builder it is necessary to go through the contents of letter issued in February 2014 to advice
Please advise how I can send the scan of the letter and relevant extract of the agreement with builder so that you can reply to the query. From your reply I understand that whatever extra maintenance charges and holding charges are being asked to be paid by the builder should be paid under protest and then we move to he consumer court for compensation. Is it certain that deficiency would be proved and court will order re-imbursement. Thanks
Asked 3 years ago
1) you have to meet lawyer personally after prior appointment and on payment of his consultation charges . show him the correspondence exchanged till date and your agreement entered into with the builder .
2) no lawyer can guarantee results of litigation , we cannot say that court will order reimbursement . we have given our opinion based on facts narrated by you