1) Who is responsible for maintenance of the property before the association is formed ? Especially for the period of April 2014 to Dec 2015 ? Is it the builder or the residents who have taken possession should bare all the maintenance expenses? Because there was nothing... no parking, no amenities nothing, but he started collecting maintenance from everyone from July 2014. And he was simply delaying the project. We had to stay in most disgusting conditions for the last 1.5 years. After repeated discussions and fights with him, we stopped paying him maintenance from April 2015 and told we will pay him only when he completes the project. Can the builder collect maintenance during this period, because there is nothing mentioned about this in agreement.
The maintenance is the responsibility of the builder till an association is formed by the flat owners.
No doubt the builder has to provide all the amenities as agreed by him, if he is not able to provide the amenities promised, then he cannot claim maintenance amount for those things which are absent.
2) Can the builder start his tenure of maintenance without completing the apartment including amenities ? I mean can he say that for the A block since he has given possession, he started the maintenance in April 2014 ?
Actually the builder can claim maintenance only after handing over possession and not before that.
3) Now he is arguing that he has spent 17 lakhs for A block maintenance so far, and we had paid some 3.5 lakhs till march 2014. So unless A block residents settle the remaining amount of 13.5 lakhs, he says he won’t do the maintenance and even says he will give back the maintenance amount collected from B block residents also. Can he simply wash away his hands like that ? Can he take away A block maintenance amount against this ?
A notice can be issued to him by individual flat owners for failure of his maintenance and can be dragged to consumer forum for deficiency of service. However maintenance charges includes for maintaining the common areas.
4) When is it the right time to form the association ? If we form the association now, can he run away from maintenance? One special problem in our apartment is that 50% of flats are owned by land owners and they dont pay a single penny on maintenance due to delay of the project. So the builder is trying to force the association formation and run away from maintenance. How can we deal with this ?
Association can be formed only after two years of the completion and handing over possession of the flats by the builder to the owners. Before that it becomes the duty of the builder to obtain Occupancy certificate and he has to maintain the apartments for next two years.
5) The builder himself is a big problem. Only a single person runs everything here. He keeps on giving deadlines but never follows them. And if anyone raises voice he targets them individually. After repeated discussions/fights he committed himself to completing everything by Dec 2015. But now he is not taking any responsibility for the delay saying some excuse or the other. Looks like he may leave many things unfinished. In this case what options do we have to make sure that the project is completed as promised.
The option before you is to drag him to consumer forum and seek compensation for the deficient service and also the failure to provide the agreed amenities.
6) If we pick up a legal battle with him, can he stop the project and leave it unfinished? How easy or challenging is it to fight a legal battle with the builder ??
No, he cannot do so, he is answerable and bound by law to compensate for the deficits.