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 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 (3)


You are rightly advised to file petition in national forum. But if are in such grievance you have similar remedy under writ jurisdiction of the High Court, which will give you relief if your case is sound enough. You may contact me for the same.

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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.

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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.

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