• Cheated by builder

Respected sir,

I bought flat in kolhapur.but while doing saledead I hv been asked by builder 12000 against maintenance for April 2014 to March 2015..we did saledead in month of August 2014.. Completion certificate is from July 2014. And I hv position later which dates Nov 2014... Now main thing is he allowed us to stay from Jan 2014.. Now while we ask for details of maintenance.. He send us rough details..while we cross check we found gape of around 1,50,000 inr.. Then we meet him in office and he send another bill which shows gap of 92000 inr and he charged 22000 service charges in bill.one more thing that while doing saledead he took sign on one black paper do I need to worry abt that?..I don't hav any written proof for that but I have recorded phone calls as it is my default setting in phone...n when we went last time he told that he will not give anything and insulted.... I got video evidence of that...can I complain in consumer Forum?...and do that video and audio proof can provide as evidence of paid 12000 inr.?.. And from which date builder is legally entitle to collect maintenance from flat owner?
Asked 2 years ago in Property Law from Kolhapur, Maharashtra
Religion: Hindu
1) builder can seek maintenance from date of handing over possession of flat to the purchaser 

2) possession can be handed only after the issue of OC 

3) if builder had charged you excess maintenance you can move consumer forum and seek refund with interest 
Ajay Sethi
Advocate, Mumbai
44439 Answers
2582 Consultations

5.0 on 5.0

 first send him a notice regarding the discrepancy in maintenance charges and ask  to return the blank paper signed .Warn him to refrain from misusing the same.
If your notice is not responded positively and he is not providing you sufficient explanation on the maintenance bill move to consumer Court .
 Builder can collect maintenance till he form a society and handover to the owners.
If he is not forming the society , which is mandatory, once he sold the 90% flat and possession certificate is issued to purchasers. If the builder is not doings the owners should  form their society and register it . Once the society is formed if any issue from the builder society can sue the builder.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1. Yes this a fit case for consumer forum.
2. However for filing the same video footage is not required though you can show photographs.
3. In the said case do ask for damages and compensation apart from praying the usual reliefs.
Devajyoti Barman
Advocate, Kolkata
12566 Answers
161 Consultations

5.0 on 5.0

Hi, you have to pay the maintenance from the date of occupation of your flat.

2. First issue a legal notice and thereafter file a complaint in the consumer forum for deficiency of services.
Pradeep Bharathipura
Advocate, Bangalore
4535 Answers
202 Consultations

4.5 on 5.0

The builder can claim maintenance after the date of execution of sale deed in your favor or after handing over possession.  Anything done violating this, shall be deficiency or cheating.  He is liable to answer before consumer forum if you approach the forum for his  deficient service. 
The builders will appear very good, polite and service minded before you pay them the money, but after that they will show their true color. 
The audio and video recording may corroborate your pleadings in the absence of primary evidence,you can very well proceed against him through consumer forum.
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

1. You are not liable for the maintenance charges for the period before the execution of the sale deed. Maintenance can be charged only from the date of the execution of the sale deed.

2. Permission to stay in the premises before the execution of sale deed also does not permit charging the maintenance before the transfer of title.

3. You can refuse to pay maintenance demanded by him. Since the sale deed has been executed and possession has been delivered there is nothing which you have to do on your own. Let him file a lawsuit for recovery of maintenance charges and you can defend it in the court.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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