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Builder asking for maintenance charges from new owner, is it legal
25-Feb-2023 (In Property Law)
I have recently bought a shop in Ambernath, Thane (Maharashtra). The shop is in a CHS named . My registration date is 2 Feb 2018. In the possession letter dated 14 Feb 2018, it says that shop owners are liable to pay monthly maintenance charges to the builder up to Society formation/society handover. The society was handed over 2-3 years back. Please help me is it legally correct. In my view why should I pay maintenance for the period I had no stake involved. I am ready to pay from registration date of shop. The builder is demanding me the earlier maintenance charges and that too at a high rate. Currently the society is changing Rs.2/sq.ft. maintenance charge, whereas the builder is asking charges @ Rs.3/sq.ft. Please help me and reply at the earliest. Can I challenge builder legally for not paying these charges. My mom signed on the possession letter as she doesn't understand much English.
First I would require some information from you:
1. Can you send the sale deed? because it is important to read the clauses you have agreed to;
2. Also can you send the possession letter, again the clauses are important;
You can do the following:
1. Issue legal notice to the builder for wrongful charge of maintenance;
2. You can file a complaint to the society and its members;
3. You can approach the consumer court for wrongful charge of maintenance etc.
1. Can you send the sale deed? because it is important to read the clauses you have agreed to;
2. Also can you send the possession letter, again the clauses are important;
You can do the following:
1. Issue legal notice to the builder for wrongful charge of maintenance;
2. You can file a complaint to the society and its members;
3. You can approach the consumer court for wrongful charge of maintenance etc.
Helpful?
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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What is the law against builders in India?
A buyer may also file a complaint under the Consumer Protection Act of 1986 against the builder in the event that possession is delayed. Under the Indian Contract Act of 1872, a buyer may also bring a suit in a court with jurisdiction to seek damages or specific performance.
What is Supreme court Judgement on society maintenance charges?
What did the court hold in these judgments? In a landmark judgement, the Supreme Court examined the definition ofrent. It held that the term was broad enough to cover all amenities provided by the landlord to the tenant.
When a builder should handover to society?
The builder will hand over the housing project once the RWA has completed all necessary steps, such as obtaining the occupancy certificate, final inspections and the transfer of utility connections. 12-Jan-2023
Dear Client,
You can very well fight with the builder for getting justice. Send him the legal Notice and thing will work out.
If you wish, you can consult any of the empaneled advocate for necessary advice and support.
Expert Jurist LLP
You can very well fight with the builder for getting justice. Send him the legal Notice and thing will work out.
If you wish, you can consult any of the empaneled advocate for necessary advice and support.
Expert Jurist LLP
Helpful?
18+
18+
Adv. JV Bhosale
Mumbai | 400+ Answers
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