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 in Property Law from Ahmedabad, Gujarat
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.
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
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
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.
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
Advocate, New Delhi
Summary of transaction is as below:
Builder has allotted flat to party X.
I had approached party X to buy flat from party. Transaction was agreed between myself and party X. However as the property was not registered in X’s name, I was issued a new allotment letter by builder in July15 (may be old allotment letter for X was cancelled).
Based on allotment letter, I made all transactions with the builder, got the flat registered in my name and got a possession letter in Aug15.
In Aug15, along with possession letter, receipt for 2 years maintenance was handed over. (Period May14 to Apr16). The cheque was issued in favour of my apartment’s co-operative service society.
Based on above transaction, would I be able to claim from builder or do I need to claim from society as I have become member only after possession and amount paid by me is for 2 years which should be valid from date of becoming a member. Until a flat remains unsold, builder should be liable for payment of maintenance.
Asked 11 months ago
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
You need to claim the recovery from the builder.