Our society went for redevelopment in 2010. The project got delayed by many years. The builder completed construction of one tower and got part OC for that tower in 2019. Construction of Sale tower is still in progress. He offered possession of the flats to original residents of society. He stopped the rent. We took possession in 2019, but parking was not allotted to us. The builder's representative at that time said parking will be allotted later. We are following up with builder for allotment of parking space, as promised in agreement. But he is saying to pay maintenance. Till date, we never got any communication on paying maintenance earlier. Do we have to pay maintenance, if construction work is still on and our buildings have part OC?
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You are liable to only pay proportionate maintenance to the extent of amenities received. You can deduct parking expenses incurred as no parking is provided as agreed. You can also file a complaint in District Consumer Commission under new Consumer Protection Act, 2019 seeking direction to builder for providing parking space. Commission under new Act has powers to direct builder to provide parking space.
Dear client it totally depends on the sale agreement or the rule book of the society
If your building has partial OC and you have taken possession of flat you have to pay maintenance
You can issue a legal notice to the builder demanding him'to provide the parking space as per the terms and conditions of the agreement.
Failing which you can approach RERA or consumer forum for relief and remedy.
Without completing the construction the builder cannot demand maintenance charges.
Please note that the builder cannot allot any exclusive parking slot to you legally. Car parking forms part of the common area/amenity intended for the use and enjoyment of all the residents. After a residents' association is formed legally, the members have to arrive at a gentlemanly agreement for allotment of parking slots among themselves, which arrangement cannot be legally enforced. Insist on the builder completing the entire project before collecting any further sum towards maintenance.
No he can't till he gives you possession. If you take possession then you are liable to to be pay maintenance
- 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, when you have taken possession of flat, you become liable to pay the maintenance charge as per rule..
- Further, the government has decided to act against builders and architects who give possession of flats to owners without securing an OC.
- Further, the buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence , you are not entitled to pay the maintenance charge to the builder
- If the builder is creating trouble then you can approach the Consumer forum .
