Builder has taken one time maintenance when I took the possession of my flat in Pune in July 2017 for 18 month period at Rs2/sqft (OC given). Builder sent audit report saying amount is spent over and above maintenance amount paid. He charged 50 lacs for water expenses. Now he is asking difference + another maintenance charges of outstanding Maintenance share for period 01st July-17 to 31st May-18 & maintenance share for 01st June-18 to 31st Aug-18 with rate Rs 2.4/sqft. Legally is it ok he can ask ? Isn't his responsibility to form the society in 18 months and transfer one time maintenance to society account? Should I hold maintenance till society form? what are legal implications if I dont pay?. Builder has stopped water and other facilities like cleaning saying no money. Can we take legal action on this?
A.As you are possession of the property and have dispute with the maintenance company which may be of the builder. You are consumer and for the issue related to the charges you may file your complaint to the District Consumer Forum.
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Mohd Imran
Responded 5 years ago
A.yes surely you can file complaint before RERA if it is functional in your state. however if rera is not functional there than you may go for consumer forum or before permanent utility services(LOK ADALAT).
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Manjula Shanmugasundaram
Responded 5 years ago
A.Yes. Definitely. If RERA is functional in your state, you can file a complaint before RERA. In any case, the best idea is to file a case before the Consumer disputes Redressal forum. You can seek compensation in addition to a direction to hand over possession immediately.
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Nitin Kalinkar
Replied 5 years ago
Thanks for the reply but my query is different. I got the possession but having dispute related to the maintenance charges.
Manjula Shanmugasundaram
Replied 5 years ago
You can get a refund of the one time maintenance amount paid by you and also seek compensation, if the whole place has been handed over the association. Or, if the maintenance is still being run by the builder, you can seek a direction to treat the amount already paid as maintenance for the coming year and stop paying maintenance charges for the said period.
Dear Client,
The transfer or porting of the home loan account from one Bank to another shall not change the provision of the Income Tax Act applicable in your case. The rebate allowed on home loans un...
Dear Sir,
You have to go through the rules and regulations of RERA Act and better contact any local advocate who is knowing local laws for getting effective legal advise.
Dear Client,
Unless the original doner and the original donee of the gift deed execute and register a rectification deed or supplementary deed bifurcating each plot of land in the Schedule of the Prop...
Dear Client,
You can send a legal notice to the landlord and demand to repay the security deposit. In case of inaction from the landlord, you can file a suit under Order 37 of CPC before a jurisdictio...
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One time maintenance
I had purchased an under construction property in 2017
