You should pay maintenance under protest 

you cannot stop paying maintenance 

3) however you are entitled to audited account ts of money collected as Maintenance 

4) continue with your RERA case   

You have already lodged a police complaint and also a complaint with the RERA in this regard.Additionally if there is a threat to disconnect the essential services or basic amenities then you can file a suit for permanent injunction against the builder owing to the persisting threats to restrain him from going ahead with his threats to disconnect the essential services other than by due process of law.

You can send him a legal notice and file complaint with consumer court or rera 

The builder cannot legally suspend essential services like security, garbage collection, guest entry, etc.—doing so amounts to coercion and harassment.

Since:

• You’ve already paid 12 months,

• RERA and police complaints are ongoing, and

• The builder has failed to form an association or provide accounts,

You should not pay further. Even paying “under protest” can weaken your legal position and imply acceptance.

Hello, 

1. As you are already in occupation of the premises, you are obligated to pay if maintenance head to be carried out by the builder. He ought to have taken steps to form the Residents Association and handover administration to the Association.
2. You may pay with protest only one month's charges as there's no justification for 5 momths' payment being demanded at a time. 
3. Your complaint to RERA must continue and pursue the police complaint although the latter may not produce desirable results. It would be advisable to approach the local police with a few members of the premises and lodge a complaint for having illegally suspended essential services. This can bring pressure on the builder.

A builder cannot legally suspend essential services like water or electricity supply or security access or housekeeping or garbage collection etc for non-payment of additional maintenance charges. Such actions are considered a violation of fundamental rights and are not legally permissible. While societies or builders can pursue legal avenues to recover dues, they cannot resort to disconnecting essential services. Resident Welfare Associations (RWAs) or builders do not have the authority to disconnect essential services. RWAs or builders can pursue legal action, such as filing a recovery suit or approaching the registrar under cooperative society laws, to recover outstanding dues. Even if legal action is taken, prior notice must be given to the resident before any disconnection of services, and the disconnection must follow due legal process. If the builder is still arrogant about it and indulges in illegal disconnection of essential services, you can approach cooperative court and seek injunction restraining rthe builder from doing so and to restore the services immediately as an interim relief.

You take interim order in rera case not to suspend your services

Dear Sir,

Besides the RERA case, you are also suggested to file a police complaint against the builder and also send a legal notice regarding the failed terms of booking and justification of demands by him. It is suggested because the RERA may not be so effective in these issues. 

You have already paid 12 months’ maintenance charges in advance at the time of booking. After that period ended, the builder failed to provide any maintenance account, form a residents’ association, or hand over legally required documents like the Deed of Declaration and society bylaws. Despite multiple reminders since January 2024, the builder took no action.

Now the builder demands an additional five months’ maintenance without providing any justification, documents, or transparency. When you refused to pay, the builder threatened to suspend essential services, including security access, garbage collection, and entry of guests, deliveries, and service personnel.

You filed a complaint under RERA, and the builder failed to submit any reply in the last two hearings. You also lodged an online police complaint against the builder.

Under the Real Estate (Regulation and Development) Act, 2016, and the applicable Karnataka Apartment Ownership Act, the builder has no legal authority to demand additional maintenance charges beyond what was agreed and paid. The builder cannot continue to collect maintenance indefinitely without forming a residents’ association and handing over control. Further, the builder cannot stop essential services as a coercive tactic—doing so amounts to criminal intimidation and breach of legal duties under RERA.

You have the right to refuse any further payments until the builder provides proper audited accounts and forms the residents’ association. If you want to avoid disruption of services, you may consider making a nominal payment “under protest” while expressly stating in writing that you do not accept the builder’s claims and that the payment does not waive your legal rights. You should notify the builder in writing that any such payment is made only to prevent coercion and under legal protest.

You may seek interim relief from the RERA authority in the next hearing to restrain the builder from stopping essential services. You may also approach a civil court for an injunction if the builder attempts to block access or services.

You are legally justified in withholding further maintenance charges. Making a token payment under protest will not harm your rights and may help ensure continuity of essential services. You should continue pursuing the RERA and police proceedings and document every interaction in writing.

In case you need my assistance in the matter I can be contacted on 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES