Maintainance issue
jani
(Querist) 25 June 2018
This query is : Resolved
We have been alloted our redeveloped flat on 6.6.18 On aski ng possession builder says pay out standing of maintainance charges As we were in court dispute and both we and builder has not approched for possession Old maintainance charges. Is payable by us without posession ?? Builder has given possesion to others in 2010 or 11 What is the act under this type of situation?
Builder and society person asking if there is any law regarding prior maintainance charges before possession is borne by whom. Or it cannot be levied at all by the society
Pl advise.
Dr J C Vashista
(Expert) 27 June 2018
Vague query with confusing facts.
As you are stated to be "already in Court" seek guidance from your lawyer and there is no need to seek second opinion despite the fact it is available FREE OF COST.
Hemant Agarwal
(Expert) 27 June 2018
1. Liability SHALL arise ONLY "AFTER" possession. Privity of Contract, with the parties, arises ONLY AFTER possession. Theory of USER PAYS.
2. No possession means No Liability.
3. As it is maintenance amount (liability), in this case, is now time-barred, due to Limitation period.
4. File additional matter before the local Consumer court, against Builder & Society, for relief & possession.
Keep Smiling .... Hemant Agarwal
