Mantainance charges against a non-occupied flat.
I own a flat in one of the gated community society near Chennai. The developer promised to provide some of the facilities like school, shopping complex, atm, health centre. While selling the property the customers had been misguided by showing a road which was actually taken under lease agreement from the village panchayat ( which is under very bad condition now).
Since the possession been given, no tenant is ready to occupy the property citing the reasons as bad road, no school, security threats due to no lights on the approach road and other few factors.
However, the builder is continously charging the mantainance of the building from the residents whose units are not occupied by owner/ tenant in any way.
My question is -
1. is there any differential maintenance bill calculation for the flat owners whose units are still unoccupied due to various such reasons.
2. Since the developer has not fulfilled its commitment for the above mentioned facilities, no tenant is ready to occupy the flat yet. Is it legal to charge the mantainance in such case.
Looking forward to your suggestion and guidance on the issues.
Thanks & regards,