Builder asking for maintenance charges from new owner, is it legal

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.

Answers (2)

286 votes

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

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305 votes

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.

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