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Flat maintenance charges unlawfully charged by builder before OC date Flat maintenance charges unlawfully charged by builder before OC date

1 year ago

Dear Sir/ Madam
I booked my flat in year 2016 in underconstruction and got sale deed under RERA agreement. Building got part OC in Nov. 2020 and I took possession in Nov. 2020. But Builder mentioned a clause in Possession letter that maintenance will be charged from 1st Jan 2020. So I have to pay 10 months extra maintenance without using the services. He already took 1 year advance maintenance and deducted the amount of 10 months from it. I objected to it as it is against the agreement clauses. But builder played a trick and got possession letter signed by members before handing over the flat. without signing the possession letter , he was not giving the possession . Now when i objected, he is asking me to refer Possession letter signed by members. I told them to refer sale agreement clause which they are not agreeing. Even our society committee also quoting the same thing as builder and charging me for those 10 months and charging me interest also on it. Pl advise.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
It is illegal to collect maintenance before possession is delivered to you. Yourself and your other apartment owners may fight with the builder to remove such clause.
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DHIRENDRA GUPTA

Replied 1 year ago

Thanks so much Sir for your kind response.
Can we fight such case through consumer court ? Unfortunately our society committee also quoting same as builder and charging interest for the extra unoccupied period.

WBR
Dhirendra

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