File a complaint against all of them.... Ansal and Sunrise .....in the conaumer court.
Regarding various charges made by builder
I booked a flat in ansal town meerut up in 2010 in installment scheme all installment and dues clear in feb 2016.But i could not done registry.After that due to transfer I could not in touch of society upto December 2019. In jan 20 it has been come to my notice that builder made rs 6 lack upon me for maintenance charge, housholding charge, capital replacement charge, late payment, gst etc. I contact to site person of ansal housing to wave off the above charges he informed me that builder handed over the society to maintenance company (m/s sunrise) and all dues charged by that. Then I contact in maintenance office the person who was meet me there told me that he consult about this in his had office and after that clear me. He also give me the number of headquarter which is Sichuated in vaisaly ghaziabad. I call many times in there office and found only one answer the they will be talked there boss . March to may due to lockdown could not be contact. In June I gone in ansal Town I asked maintenance office person about my case he told me to give some time to clear from headquarter. And after some days he told that you have not registry of the flat so this case could be short out by sales department of ansal Town . After that I am Continuesoly contact to sales office of ansal Town meerut and he also give me same answer that they are conuling the head quarter and no solution give me upto day. In between I made a online RTI in MDA to providing the completion certificate of my tower and his phase ( because society build in multi phase ie 3 phase) . MDA replied me that I took the print from there office in any working days. Few days ago I reached the MDA office but the concern officer not meet a drawing officer meet me there and he give me a photo by mobile of CC of my tower. According that MDA issed CC in 2.8.2018. Now charges on my approximately 7.40 lack. What I do Society said that he issued me latter of passion in 2016. And shown me registered post slip. But it There is my question is ... I didn't know about there notice of passion letter and if it is true than I asked Society all maintenance charges make monthly basis. Then why not sent me montly bill on my permanent address which is give me in booking. And in past they sent my installment notice time to time. Please give me leagel and true advice.
Asked 4 years ago in Property Law
Religion: Hindu
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18 Answers
Did you receive notice to take possession of your flat and for execution of registered sale deed In your favour
if completion certificate has been issued and you did not take possession of flat inspite of reminders then builder can charge you interest as per terms of agreement
file complaint against builder and society before consumer forum to set aside demand for maintenance of Rs 7.40 lakhs
Without CC builder can issue the letter of passion and on behalf of this letter( byer not done registry ) he make maintenance, house holding and late payment charges
Asked 4 years ago
Builder cannot direct flat purchaser to take possession of flat until OC is issued
If you fail to take possession then builder can charge you house holding charges etc as per terms of your agreement
Please approach Civil Court for quashing of maintenance and illegal charges raised against you by the Builder.
You may also file suit for injunction against the Builder to sell,transfer and rent it to any third party.
Without cc and oc builder can't seek maintenance. You should not take possession of the flat to contest the same
You should approach the consumer forum with a prayer for directing the builder to register sale deed in your favour, setting aside the exorbitant and unwarranted charges claimed by him in the name of late charges and also ask for compensation for physical hardship and mental harrasment. He cannot ask for such exorbitant charge since it doesn't affect him if you get the apartment registered late and it doesn't cause any loss to him since you have made all payments. You are only liable to pay the reasonable maintenance charges paid by every other person in the society and in worst case scenario, some basic interest on the arrears of maintenance. Nothing else should be paid by you as any other charge would be arbitrary and whimsical.
Letter of possession could not have been issued prior to 2.08.2018, i.e, before the CC was issued to the builder.
Consequently, they(neither Ansal, society or M/s. Sunrise) the meter to pay maintenance was only starting on the actual date when they offered possession/you took possession after receiving CC.
The Agreement/Sale deed will have to be seen to give you a detailed advice; but the things looks suspicious prima facie.
MC is chargeable only after OC. But you have committed a blunder by not registering sale deed. Without sale deed, ownership dose not acquire. First register sale deed. Send notice to builder.
You should not pay maintenance charges if project registry has not been made and you do not have an occupancy certificate from the builder.
- As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment,
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer.
- Hence, if your builder has given you the letter of possession, then from that date onward you are bound to pay the maintenance charge.
- Further, when you have taken possession of flat, You become liable to pay the maintenance charge as per rule.
- Since, the possession letter was not received by you by the society in 2016, and came to know recently only, then you are eligible to pay the maintenance from the date of knowledge of the same.
- You should approach the Consumer court .
You cannot claim excuse for your own mistake.
It is not believable that you can remain silent over the issue for more than three years after making the full payment.
However you can inform or send a legal notice that since they have not handed over possession or made the registered sale deed on your name, you are not liable for payment of any maintenance amount.
You can demand possession and also registration of the flat on your name immediately failing which you can approach consumer forum for relief and remedy.
Whether he issues the CC or not, he has failed to handover possession as well as the property has not bee registered to your name so far.
So you can deny the maintenance charges for the property which has not been occupied by you so far.
You can drag the builder to consumer forum for relief and remedy
issue a legal notice through an advocate and file a complaint before district consumer court.
if the Builder gives the possession without the proper certificates, it is illegal and does not absolve the Builder from his responsibilities..
This seems to be a fraud case wherein you have been cheated of your money. Therefore file a complaint in the RERA tribunal if cc and oc haven't been done. Otherwise file a case in the consumer forum.
He may do so but they didn't inform you and kept on adding bills when you weren't even living there which seems strange therefore file a complaint.
You should send a legal notice to society office maintenance office and developer office that you are not liable to pay any penalty on maintenance dues because they havent sent you any bills in these years at your permanent residence as they were sending intimation for installments.
Tell them that you are ready to clear the dues but without any late charges.
Can you please confirm as to whether the arbitration clause is included in Agreement/contract letter or not?
If any arbitration clause is inserted in this agreement, please firstly you try to resolve your problem through arbitration by following the rules depicted therein.
Please feel free for further queries.
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