You don’t have to pay society maintenance 

builder can deliver possession of flat only after obtaining OC 

builder cannot deliver possession until OC is obtained 

society has to recover maintenance from the builder 

At the outset, since you have not taken possession of the flat and the builder has not obtained Occupation Certificate (OC), your legal obligation to pay society maintenance is not automatic.

Maintenance liability generally arises when:
you take possession, or
you start enjoying/utilizing the premises.

In your case, neither has happened. Therefore, prima facie you are not liable to pay regular society maintenance.

Further, a society formed by occupants who have taken possession without OC does not automatically bind non-occupying purchasers like you, especially when:
you are not in possession,
you are not using common facilities, and
the builder has not completed legal formalities.

However, there are a few practical nuances you must be aware of:

Firstly, some courts have held that even non-occupying flat purchasers may be liable to pay proportionate charges for basic maintenance of the building, particularly if the society is incurring expenses for common services (security, electricity, lifts, etc.). But this is usually limited and not equivalent to full maintenance.

Secondly, your primary liability is actually against the builder, not the society. The builder is responsible for:
completing construction,
obtaining OC, and
handing over lawful possession.

Thirdly, the society’s threat of legal action is often a pressure tactic, but if they do file a claim, you have a strong defence based on:
no possession,
no OC, and
no usage.

Your best course of action would be:

Send a written reply to the society clearly stating that you have not taken possession and therefore deny liability for maintenance.
Keep all documentation showing that possession has not been handed over.
Consider initiating action against the builder (RERA/consumer forum) for delay and non-obtaining of OC.

In conclusion, you are not strictly liable for full society maintenance at this stage, but a limited liability may arise depending on facts. The stronger legal position lies in asserting your rights against the builder rather than yielding to society pressure.

If the flat was not delivered possession then there is no question of paying maintenance to the society.

If they threaten, you send a legal notice through your advocate stating that the demand made is illegal  for the reasons that neither the developer obtained OC nor he had delivered possession of the flat, besides the flat is still under construction or incomplete, hence any demand made towards maintenance should be made to the builder until he fulfills the legal requirements fully and properly. 

Is the society a legally registered body with bylaws? What do the bylaws say about maintenance charges- payment commences when, penalty for arrears etc.? If the society is not duly formed and registered, it has no legal right to enforce any bylaw. Please engage a competent lawyer and ask him/her to send a suitable reply to their demand notice. 

No if you don’t take illegal possession without oc then you don’t have to pay maintenance 

If you have not been given lawful possession and the building has no Occupation Certificate, the society generally cannot treat you like an occupying member and demand regular maintenance from you. Under MOFA, the promoter remains liable for outgoings until transfer, while a flat purchaser’s liability depends on the agreement and actual possession.

So, on your facts, you have a good ground to dispute society charges, though you should check whether your agreement contains any clause for proportionate charges even before possession.

Send a written reply denying liability till lawful possession/OC, and get your agreement checked by a local property lawyer before responding to any legal notice.

1.Without possession and registration of the title of the flat, you can not be considered as its owner for which no legal action can affectively be taken against you.

2. However, from your post it appears that your builder is not going the give you possession after receiving the OC and register the flat in your name. In that case it will be prudent on your part to go with the flow i.e. act jointly with the majority of the people who has booked the flats in the said complex.

If OC is not issued then you are not obligated to take possession and thus no maintenance charges are required to be paid 

Maintenance charges are to be paid only on and from the date of receipt of OC or actual handover of possession to you with OC, whichever is later

Dear Client, 

The society cannot automatically force a maintenance bill on you simply because other residents are paying it. In Maharashtra, the promoter’s duties under Section 11(4)(d) of the RERA Act includes providing and maintaining essential services on reasonable charges. Under Section 17, after the occupancy certificate and physical possession, the promoter must hand over documents and common areas. At the same time, Section 19(6) of the RERA states that allottee is responsible to pay for maintenance charges and other outgoings are specified in the agreement for sale. These charges belong to the proper maintenance agency or association and cannot be claimed loosely by the builder without authority. So, because you have not received legal possession and there is no OC, you may dispute any maintenance demand that is not clearly backed by your agreement and the proper legal entity’s authority. The society generally cannot expel you from the building or flat just for disputing charges. If there is a dispute, the usual route is recovery of lawful dues and not automatic eviction. If you wish to protect yourself, you may ask them in writing for the agreement clause or resolution under which they are demanding money. If your grievance is the builder’s delay and lack of OC, you may claim for delay consequences under Section 18. I hope this helps. If you have any further queries, please feel free to contact us. 

Thank You. 

You have a defensible case for refusing payment at this stage. Since the building has no Occupation Certificate (OC) and you have not taken possession, you are generally not treated as a member in actual enjoyment of the flat. Maintenance is usually payable by those in possession who are using common services.