In the landmark judgement of Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd, the Apex Court was of the opinion that failure of a builder to obtain an OC is a deficiency in service under the Consumer Protection Act 1986. Further, in Kamal Kishor and Ors. v. M/s. Supertech Limited, it was held that offering possession without obtaining occupancy certificate is meaningless since the allottee is not permitted in law to occupy the house which does not have the requisite OC. Therefore, the maintenance charges would be payable only from the date on which the possession is offered to the complainants after obtaining the requisite OC provided the construction of the villa is complete in all respects at that time.

The maintenance can be charged by the builder only after the possession has been delivered physically. 

You can refuse to pay the maintenance for the period during which you did not occupy the property. 

You can search for the judgments through internet. 

Yes but if after oc builder has not given you possession or the possession is defective then it will be charged only after when you take proper possession 

Obligation of the flat owner to pay maintenance charge does not arise unless and until he gets physical possession of the property or deed of conveyance is executed,whichever is earlier

Further No maintenance charge should be levied before obtaining the occupancy certificate.

Dear client,  

Yes, there have been several court judgments in India that have held that maintenance fees for a flat can only be charged from the date of physical handover/possession of the flat. Below are some of the relevant case laws:

Neelkanth Township and Construction Pvt. Ltd. vs. Urban Infrastructure Trustees Ltd. (2009) - In this case, the Bombay High Court held that a flat buyer cannot be asked to pay maintenance charges until he takes possession of the flat.

M/s Prestige Estates Projects Ltd. vs. B.S. Anand (2014) - The Karnataka High Court held that the builder cannot charge maintenance charges from the buyers until the physical possession of the flat is handed over.

Pioneer Urban Land and Infrastructure Ltd. vs. Govindan Raghavan (2019) - In this case, the Supreme Court of India held that maintenance charges cannot be charged from buyers until the date of possession of the flat is handed over.

It is important to note that the specific facts and circumstances of each case may vary and therefore, it is always recommended to consult with a lawyer for specific legal advice.