• 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 2 years ago 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
Ajay Sethi
Advocate, Mumbai
25931 Answers
1412 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
You are  only liable to pay for maintenance from the date of  possession of the flat,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
25931 Answers
1412 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
25931 Answers
1412 Consultations
5.0 on 5.0
where are you putting up
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
16310 Answers
151 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
25931 Answers
1412 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6402 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1344 Answers
93 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1276 Answers
64 Consultations
5.0 on 5.0