655+ Lawyers are online 
Can builder increase maintenance charges after society formation
29-Jul-2023 (In Property Law)
I purchased flat in Oct 2017 and paid advance maintenance to builder through investor (second agreement) for one year. Society formation was done in Apr 2018. In the first meeting builder promised to refund balance advance maintenances to society. But now when society approached builder, he is saying that he will not refund it to society and will talk to individual owners. Accordingly, builder sent letters to owners and hiked maintenance changes by 850 per month and accordingly adjusted balance and either showed refund from builder or demanded (depending upon calculations). Now I have following questions, 1. Can builder communicate and increase maintenance changes post facto and charge it to owners after society formation? 2. Society is charging me maintenance charges from Apr 2018!!!! How to deal with society. Why should I pay to builder and society as well?? 3. What are channels which I can explore to find out legal solution without case......Do RERA has any provision to deal ?
1. Can builder communicate and increase maintenance changes post facto and charge it to owners after society formation?
Answer: No he just cannot do that. That is fraud. Especially when the society has been formed he cannot make such adjustments which are arbitrary. If he does to earn profit or evade taxes or avoid refunds then that is fraud;
2. Society is charging me maintenance charges from Apr 2018!!!! How to deal with society. Why should I pay to builder and society as well??
Answer: You are liable to pay only society. You must not pay the builder. Once the society has been formed the rights are transferred to the society from the builder;
3. What are channels which I can explore to find out legal solution without caseDo RERA has any provision to deal ?
Answer: If the project is RERA registered then approach RERA. Otherwise you will have to approach consumer forum under MOFA Act.
Answer: No he just cannot do that. That is fraud. Especially when the society has been formed he cannot make such adjustments which are arbitrary. If he does to earn profit or evade taxes or avoid refunds then that is fraud;
2. Society is charging me maintenance charges from Apr 2018!!!! How to deal with society. Why should I pay to builder and society as well??
Answer: You are liable to pay only society. You must not pay the builder. Once the society has been formed the rights are transferred to the society from the builder;
3. What are channels which I can explore to find out legal solution without caseDo RERA has any provision to deal ?
Answer: If the project is RERA registered then approach RERA. Otherwise you will have to approach consumer forum under MOFA Act.
Helpful?
44+
44+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
