• Got possession of MHADA property on Sep 19 & builder is insisting us to pay maintenance from Apr 17

We got possession of MHADA property on 13.9.2019,but builder is insisting us to pay maintaince charges from 1.4.17 We said him that we had taken possession on 13.9.19 then he is saying we had deputed security & provided common utility services before your possession also.
Please advise us what to do
Asked 4 years ago in Consumer Law

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17 Answers

You are not liable to pay maintenance from April 2017 if builder has given possession of flat from September 2019 only 

Ajay Sethi
Advocate, Mumbai
96714 Answers
7796 Consultations

Please do not pay.

You are supposed to pay maintenance charges from the day you took possession of the flat.

You may make complaint in-writing online to MHADA for illegal demands of the Builder. 

You have your remedial source before civil Court to challenge the demand of an exorbitant maintenance by the Builder. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No, he cannot claim the maintenance now for 2017.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Its not clear whether possession was ready to be delivered in 2017 but you took it only in 2019 

If not then you are not liable beyond the date of your possession. 

So the basis of their has no foundation having legal sustainability. 

If it persists then file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23180 Answers
509 Consultations

You can make complaint to at Mhada office regarding this issue and you can pay maintenance actual date of purchase and registration of the flat. Check the possession delay from whose side it was from Mhada, Builder or owner of the flat.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

If you got the possession late due to builders fault then he has to pay the maintenance. Otherwise you will be liable to pay the maintenance from date of oc if delay is from your side

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

The maintenance charges have to be paid by all the owners, whether the apartments are occupied or not. The maintenance charges for unsold flats should be borne by the builder till they are sold, and thereafter by the purchasers Thus he can claim for unsold period.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

Serve him with a legal notice and declare that you are not liable to pay the rent from 2017.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

  - 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 was received by you on 13.09.2019 , hence you are entitled to pay the maintenance from this date and not 1.1.17. 

- Further if the possession was given without completing other facilities , then you are eligible to pay the maintenance from that day. 

- If builder refused , then you can file your complaint in the Consumer court.

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

Does not matter. Builder is liable to maintain security and utility services and till flat was not sold and builder was owner of it and responsible to bear maintenance and security cost.

Your MC payable from date of possession and OC issued which ever is later.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

That is such bull****. File a complaint against him in the consumer forum immediately.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

1. See you are liable to pay maintenance after possession only builder cannot charge same retrospectively you may deny paying any such charge to the builder.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

In case this is delayed possession  and you are responsible for taking possession and later date than the date in form for possession then principally it is your responsibility to pay but in case you have not been offered possession then it is illogical to ask maintenance charges for the period you have not taken possession.

In case you are facing difficulty in this regard and builder has register society for the buildings then you can complain to the registrar of societies and chits against the builders and you can include all those persons who are facing similar problem by the builder it is the responsibility of the builder to register the resident welfare society with the registrar top societies and chits so that the rights of the apartment owners can be protected.

 

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Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

You are not liable for maintenance charges . If your builder charge maintenance charges , You should approach District Consumer Dispute Rederesssal. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1..Builder cannot demand maintenance for period before possession was taken by owner. 

2. You can straight away refuse the payment of maintenance before possession and can file suit before consumer forum against builder for demanding maintenance For period before date of possession 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You refuse to pay the charges for the period which you have not used the property.

Ask him to send legal demand notice, which can be dealt with through consumer forum because it is totally unjustified and against the law.

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been asked to pay for the services for what you have never enjoyed the same.
  2. I would like to have a detail representation to the concerned departments and also then to consider the case on merits as in to not to ask for what you have not enjoyed or the same which has not been mentioned in the agreement to sell/ buy.
  3. If no positive response then you need to have to take your case before the court of law for getting eventual relief.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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