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Can builder ask for maintenance without OC?
28-May-2023 (In Property Law)
I have a flat in Amrapali Silicon City where I have paid 100% amount 1 year back before possession was given to me. Tower and society is still incomplete and only 1 lift is installed out of 3, parking is not alloted yet, club house is not built completely, only 1 swimming pool is made out of proposed 3, children play area is not ready, work is going on in most of the towers​ where people are already living. We are paying electricity through prepaid meter.
Now builder is asking for maintenance without OC and promised facilities. Can builder ask for maintenance starting with older months without taking OC?
He do'nt have any right to ask for maintenance...you can move a petition in consumer forum against builder to direct him to obtain OC within specified period . also seek compensation and other reliefs
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Adv. Veerbahadur Srivastav
Lucknow | 25+ Answers
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No, the said builder is not eligible to claim maintenance before the completion of the total facilities. First he is required to complete everything then he can ask for the maintenance charges. Also, if you want to, then you can file a complaint in the consumer forum for deficiency in services.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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