Applicability of maintenance charges by builder
Yogesh
(Querist) 15 January 2014
This query is : Resolved
Hello,
Our housing society in Thane has just been registered.
As a part of the hand over of accounts, the builder has claimed additional amount due to him as maintenance because of overspend by him.
The facts are as under :
1. As per the agreement, a monthly rate of Rs 2.50/sq ft was to be charged. However, the agreement also informed that the builder can ask for a higher amount in case of requirement.
2. He started giving possession of flats in 2008
3. The OC of the building was received in may 2012
4. In April 2013, he gave a statement of additional expenses (for period since July 2010) which he claims to have spent over & above the rate of Rs 2.50 which each flat owner was paying
5. There was a corpus amount shelled out by each flat buyer as a part of the agreement
6. During the hand over currently in process, the builder has given a flat wise liability towards the additional expenses spent (as stated in point 3 above)
7. However, to arrive at each flat wise liability, the builder has divided the year wise total expenses by only the flats sold.
Would like to understand the following :
1. Liability of members & builder for the additional expenses considering the pre OC & post OC periods
2. correctness of the calculation stated in point 7 above
Thanks in advance!
ajay sethi
(Expert) 15 January 2014
REPEATED QUERY . CONTACT A LOCAL LAWYER
V R SHROFF
(Expert) 15 January 2014
Whatever in contract is binding on u.
Yogesh
(Querist) 15 January 2014
Dear Ajay, Rajendra & Devajyoti
This is not a repeat querry I have put in.
Devajyoti Barman
(Expert) 15 January 2014
who are you, an advocate?
I often see posting many queries of various topics.
Disclose your professional identity.
V R SHROFF
(Expert) 15 January 2014
Yogesh is :Fin Ops Head
Since : 12 January 2014
first Query, so no chance for repeat:
unless he created new membership.
One can click on the profile to find who he is, and what type of Queries he raised in history of his membership.
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
If queried doubt finds a place in the agreement, the recital therein will find you an answer. If the agreed conditions are that you pay the differences as and when it arises, you are bound by it.
