File complaint against builder before consumer forum and seek orders to direct builder to complete the facilities promised by him
also seek litigation costs and compensation for mental torture undergone by you
Builder not completing the project. Charging a heavy CAM from residents. Shared a provisional OC
Builder was supposed to deliver the project by 2012, but gave possession of houses by 2018 only. Even after that many details like STP, electric substation, Club are pending for completition. Due to this, the project is not getting handed over to the authorities and competition certificate is pending. We had bought the house in 2021 after receiving provisial OC. RWA was already formed and we were expecting quick handover, without knowing the extent of how much of project was incomplete. All this while, builder is collecting hefty CAM charges from residents. Many residents have stopped paying, resulting in poor maintenance too. RWA is scared to take the handover from the builder as many things are pending for completion. What can we residents do? Could RWA take control of CAM and still force the builder to complete project?
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
If the RWA is a registered body, it an issue a legal notice to the builder demanding him to complete the tasks pending while handing over the property.
If the builder is not responding or complying with the demands, then the RWA can approach RERA or the consumer distress redressal commission for relief and remedy.
You can go against him in rera or consumer court depending what reliefs you require
So I can push for NCDRC or RERA for the completion of the project. Should I continue to pay maintenance charges till then? Can builder sue me for not paying charges?
Asked 2 years ago
Since the builder is not providing proper maintenance you can decide about paying it or not for the reasons you may rely upon.
If you feel that the maintenance is very poor and do not deserve the charges to be paid then you can issue a legal notice to the builder demanding the proper maintenance or you will stop paying the maintenance amount
After that you can escalate the matter legally and pursue the same properly.
If OC is issued then RERA will not intervene
continue to pay maintenance charges
If project is registered with RERA then file complaint to RERA authority and can slso claim damages. There is no illegality if RWA undertakes maintenance work. Though the grievance is strictly does not fall within purview of national commission but you can try luck. The jurisdiction of national commission is Rs. 1.00 cr and above.
Lodge a written complaint with the State RERA authority against the builder seeking appropriate reliefs. Engage a competent lawyer and agitate the matter before the consumer forum. If the builder has not provided you with all the common amenities in terms of the project, the builder has no legal right either to collect the CAM charges or to sue you in case of default in payment.
Stop paying maintiance is first thing. Ad approach RERA / consumr court.
It depends on what terms and conditions RWA was formed and took over the project from the builder. Normally there is clear mention of the pending things and an agreement is signed or undertaking is given by the builder to complete the project in stipulated time limit. If it is so, then you residents may ask the RWA to pursue the matter with the builder or approach the govt authorities/courts to enforce the terms and conditions. Not paying the maintenance charges is not the solution. It may incur interest on the pending amount or may lead to discontinuation of facilities like electricity, water etc.
You may approach the relevant govt authorities for completion of the project and for other remedial action. But it is not advisable to stop paying the maintenance charge.
As you took possession you need to pay maintenance for services provided by him you can claim refund for maintenance and compensation for other aspects
Hi, If the project is RERA register either you or association can register the complaint. If not so you can approach consumer forum for deficiency of service claiming compensation.
- 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.
- Hence, if your builder has given you the letter of possession, then from that date onward you are bound to pay the maintenance charge.
- Further, as the society is already formed then it can take CAM into its own hand , and can also approach the Consumer forum or RERA against him .
