• Maintenance Charges for non occupied apartment

I bought an apartment in 2008 and builder intimated to take possession in 2012 and due to personal reasons i have taken possession only in Oct 2016.

In the mean while association was formed and its functioning.

1. Do i have to pay maintenance charges from 2012 till Oct 2016?
2. If yes, can I ask for any concision on the charges?
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) once occupation certificate is issued builder can deliver possession of flat 

2) if you fail to take possession inspite of OC being issued builder will charge you maintenance 

3) you will have to pay maintenance for period 2012to 2016 

4) you would not get concession
Ajay Sethi
Advocate, Mumbai
46709 Answers
2763 Consultations

5.0 on 5.0

The possession was offered in 2012 but you could not take it due to your 'personal reasons'. So the maintenance charges are to be paid from the date on which the possession was to be actually taken.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

You are liable to pay maintenance from the date when the builder has intimated to you of the readiness of the apartment and requesting you to take possession of the Flat. 
Whether the builder will give concession in respect of this arrears is his decision, but overall he might not consider it for the simple reason, it would become a precedent and others too might want to take advantage of this decision made in your favour.
Kiran N. Murthy
Advocate, Bangalore
1012 Answers
91 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer