You are liable to pay maintenance only after delivery of possession by builder
not liable to pay from April 2022
Maintenance charges applicability from date of ‘offer of possession’ or ‘physical possession’?
Hi ! I bought an apartment last year in the month of May. As per BBA date of possesssion was in September 2021 but the builder received extension from RERA till December 2021. Later on 1st January 2022, builder issued ‘Offer of Possession Letter’ wherein they asked us to complete payment till February 2022. Also they mentioned about MC which will be applicable from 1st April 2022. However till date we havent receieved possession of our apartment physically. So are we still bound to pay MC starting from April’22 ?? Kindly advice.
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
No, you are not liable to pay maintenance charges till you get the possession of the apartment. Moreso, as your builder has failed to fulfill the promise of his part and thus has violated the terms of the agreement, you can claim compensation from him for the delayed services.
A owner of property is liable to pay maintenance from the date on which he gets physical and legal possession. Only if you get possession on 1st April, you need to pay MC from 1st May.
If the property possession was not handed over then the question of maintenance may not arise.
You can inform the builder to first obtain OC, hand over possession and then charge the maintenance amount.
You can refuse to pay maintenance amount before taking possession of the flat.
- As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment,
- Further, the builder cannot 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 with the physical possession , only then from that date onward you are bound to pay the maintenance charge.
- Since, the physical possession not handed over to you , hence you are eligible to pay the maintenance from April,22.
Unless you get physical possession of your bought property, no maintenance charge for maintaining your said property can be asked by the Developer.
If possession is offered and you didn't take it without having issues with the flat then you need to pay. If the possession was defective and flat conditions were not fit to live then from date of the fit possession received
SIR
No, you can file a case in consumer forum by giving legal notice to the builder.
the builder cannot ask for maintenance for a property which is not yet in possession of the buyer. If the builder is charging such maintenance from you, you can file a RERA Complaint or a complaint in consumer court.
Dear Client,
It is the developer who is supposed to pay maintenance charges until he hands over the possession of the flats to the owners.
