• Maintenance charges

I had bought a property from a builder in Ahmedabad in July15. Registration for property was done in Aug 16. 

However builder has charged advance maintenance for 2 years from May 14 to Apr 16 and receipt was given accordingly. Now post society's formation and taking charge from builder, society is claiming maintenance w.e.f. May 16.

Wanted to know, if builder can charge maintenance with date prior to allotment date or possession date. In case charging is illegal, what is the remedial method as I have already paid to builder through cheque and receipt is in my hand.
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
No maintenance can be charged for the period prior in time to the date of allotment. Refuse to pay it. If you have paid it then move the consumer forum to recover the amount with compensation from the builder after issue of legal notice to him. 
Ashish Davessar
Advocate, Jaipur
20750 Answers
549 Consultations

5.0 on 5.0

HI
The builder charged you illegally as you are not liable to pay maintenance before possession.
Your legal option is to recover it from him whatever he has charged you in terms of maintenance before the possession.
if there was no agreement signed by you that you will pay the maintenance charges before possession is handed over to you , you should send him a legal notice demanding the amount he took from you as maintenance.
in case the builder is not ready to pay you the same , approach district consumer  forum of the area and file a consumer complaint .he is liable to return the amount with interest along with compensation for mental harassment, you can ask for the amount with interest and compensation for mental agony and financial loss
Thresiamma G. Mathew
Advocate, Mumbai
1464 Answers
117 Consultations

5.0 on 5.0

1)builder cannot charge you maintenance prior to allotment date or possession date 

2) in case builder has charged you maintenance file complaint before consumer forum and seek refund of money paid by you with interest , litigation costs , compensation costs 
Ajay Sethi
Advocate, Mumbai
33675 Answers
1858 Consultations

5.0 on 5.0

Hi, Builder has no authority to collect 2 years maintenance from you it is illegal as per your narration you have registered your property in August, 2015 so you need not pay previous years maintenance to builder.

2. Issue legal notice to the Builder ask him to repay the amount if he fail to pay the amount you have to file a consumer complaint against builder.
Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

Issue a legal notice to builder through counsel and if builder is not ready to return your money then you may file a complaint before consumer court or file a civil suit for recovery before civil court or both.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4242 Answers
183 Consultations

4.9 on 5.0

1) your claim is against builder for maintenance charged prior to delivery of possession by the builder 

2) you cannot claim any amount from society

3) file complaint before consumer forum and seek refund with interest 
Ajay Sethi
Advocate, Mumbai
33675 Answers
1858 Consultations

5.0 on 5.0

You need to claim the recovery from the builder.
Ashish Davessar
Advocate, Jaipur
20750 Answers
549 Consultations

5.0 on 5.0

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