Asking for Maintenance Charges before giving the possession of the flats to owners
My apartment complex is in K R Puram, Bangalore and has a total of 208 flats in 4 blocks. The builder hasn't handed over the flats falling to OWNERS SHARE. The complex has electricity supply from BESCOM, water, lifts, security and common area cleaning provided as of now. But, the following are yet to be completed by the builder: (a) All amenities are pending - Swimming Pool, Party Hall, Gym, Children's play area (b) Required NOCs not received (c) OC & CC not received (d) Final coat of paint in all common areas pending
The builder had promised a delivery date of August 2017 with a grace period of 6 months, which ended in Feb 2018. Electricity was made available in 2nd week of Feb 2019 after which owners started moving in due to practical necessity and the builder claiming that the complex is ready for occupation.
Now, the builder is asking the owners to start paying maintenance fee from Jan 2019 to May 2019 to cover day to day expenses like security, housekeeping staff, electricity in common areas, diesel etc, and without handing over the possession to the owners the builder is asking to pay the maintenance. There is no clause of the builders maintaining the apartment for the first "x" months in the sale or construction agreement.
My question is whether the builder can demand maintenance fee for the items I have mentioned above, while the complex is not fully completed (mainly amenities remaining) and without OC/NOC being obtained.
Appreciate your help with this.