Legal Advice
3 years ago
I have bought flat in July 2015 with 3 year maintenance paid for 3 years. which ends in June 2018. Now builder charged me maintenance for whole year from April-2018 to 2019 which include charges for April May June 2018 again. Which I have already paid while buying flat. Want legal opinion on this
Sandip Bhowmick
Responded 3 years ago
A.You may speak to the builder regarding his excess charges and resolve the issue. If he is not agreed to reduce his demand, then you may send a legal notice to him. The option in that case remains is to file a consumer case. In your case assuming maintenance charges not to be in very high value, it may not be a viable cost option to file a litigation on such low value.
However, it is not clear from your query whether or not an association is formed, and why you are still paying maintenance to the builder or whether it is a part of the agreement and how?
If you have all the clear receipts of maintenance paid to him and he does not agree inspite of your talks and notice, then it is advisable to continue to make payment for now instead of filing a litigation. You may adjust the same during the last tranche of payment at the time of handover of maintenance to the association.
However, it is not clear from your query whether or not an association is formed, and why you are still paying maintenance to the builder or whether it is a part of the agreement and how?
If you have all the clear receipts of maintenance paid to him and he does not agree inspite of your talks and notice, then it is advisable to continue to make payment for now instead of filing a litigation. You may adjust the same during the last tranche of payment at the time of handover of maintenance to the association.
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SIBOJYOTI CHAKRABARTI
Responded 3 years ago
A.At first you are required to send a notice demanding back the excess amount you have already paid enclosing documents stating that the maintenance charges for the months April to June 2018 have already been paid or else to adjust the same with the future maintenance charges. If the Builder does not agree you may initiate a proceedings before the District Consumer Disputes Redressal Forum of the place where the builder resides..
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A.Dear Sir,
Get issue a legal notice and recover the same or take appropriate actions. Threaten him that you will take the matter on the social network. He will come down and settle the matter. Please give me Rank 5 if you feel my answer helped you
Get issue a legal notice and recover the same or take appropriate actions. Threaten him that you will take the matter on the social network. He will come down and settle the matter. Please give me Rank 5 if you feel my answer helped you
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Sarvesh Kumar
Responded 3 years ago
A.If you have payment receipt or transfer details of said amount then firstly you send notice to the concerned authority and after thirty days you filed online application before RERA authority.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Please talk to him with all the payment slips. Ask him to charge from July/2018 as you have paid till June/2018. Failing which, you issue him a legal notice.
Please talk to him with all the payment slips. Ask him to charge from July/2018 as you have paid till June/2018. Failing which, you issue him a legal notice.
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A.IF you have already paid for the said period and you have the documents then share that with the builder and ask him/them to revise the invoice. I hope they should agree. If they do not then you can think of some legal action like sending legal notice or filing a consumer case.
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