Advice in dispute with promoter regarding maintenance charge


I purchased a flat in kolkata. It is a complex where there are several blocks. The promoter is still collecting the maintenance charge as there are some flats remain unsold. Though association of owners is formed and having bank a/c in it's name, the promoter is not willing to handover the maintenance to the association as the all the flats are not sold. Suddenly he hiked the sq ft maintenance charge from Rs.1/- to Rs.1.50 which is not at all acceptable to the owners. We lodged a complaint with consumer forum in Kolkata where they never attended. Now we are advised to lodge complaint at national level i.e.in Delhi as the total value of property crossing rs.1 crore. which is not possible for us. We have several times requested the promoter either to handover the maintenance with the balance amt accumulated- to the association or to negotiate the rate per sq ft. He is refusing to do so. How to solve the issue please guide.

Answers (2)


221 votes

You need to file a consumer complaint as it is a deficiency of service matter before the National consumer Forum.If the promoter is not willing to handover the balance maintenance amount clearly indicates that he has personally used up all the money.So go and file a cheating case in the name of the promoter.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

195 votes

This has been haunting so many apparent owners for quite some time.RERA not yet implemented in West Bengal.You can take recourse to the provisions under the West Bengal Building (Regulations of promotion of construction and Transfer by promoters) Act 1993 and Amendment Act 1999.The main issue is whether completion certificate (C C) issued by your Promoter.If yes, straight way go for Registration under the WB Apartment Ownership Act and start maintenance activities by your society.If no, go for legal action against the concerned promoter in accordance with the appropriate legal provisions.Should you require any legal assistance from me contact lawRato.

Popular Civil Lawyers


Advocate Nikhil Singh
Singh & Associates, Hubli
2 years Experience
Advocate Peeyush Kaushik
Dwarka District Court, Delhi
11 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
25 years Experience
Advocate Vijay Tangri
Saket, Delhi
20 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Civil Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles