Surya Dhakray 21 January 2019

Can builder ask for maintenance charges if oc is not receive

Dear Sir/Mam, Can builder ask for maintenance charges from residents in case OC and other promised amenities not delivered yet. As per agreement the possession was supposed to be given by 2017. Now more than 200-250 owners staying in building. And builder is asking for maintenance charges without consulting the residents. My questions are below; 1) Is it legal to stay in building without OC? If no then what are remedies if all documents and approval are taken by builder? 2) Can builder demand maintenance from owners who have taken possession despite on failing to provide OC and other amenities? 3) What are legal remedies available for residents? Please help!!

Reply Follow

3 Replies

(Guest)

1. Its not advisable to take possession without getting OC, its very necessary document which buyer should get before moving in the apartment,
Despite paying all the money if the builder is not giving OC, you have remedy under RERA

2. Maintenance charge cannot be asked unless there is a committee where all the buyers are member,

It seems like your builder have shortage of money and thatswhy he is not able to complete the whole project and get OC from the appropriate authority leading to that he is asking for maintenance money to get some funds under false pretense, yes that illegal.
for detail guidance you can contact me, thanks

Satyam
satyammishra181@gmail.com

Surya Dhakray 23 January 2019

Can you also answer below query too? 2) Can builder demand maintenance from owners who have taken possession despite on failing to provide OC and other amenities?