Increase in maintainence charges by builder
Wilson
(Querist) 16 July 2012
This query is : Resolved
Sir.
1.I had booked a flat in May 2009 in a project that commenced in Jan 2008. The possession was promised to be given by Dec 2009.The project completion or delivery date was not mentioned in the agreement. The said flat keys was handed over to me in Jan 2012 without occupancy/completion certificate till date.
Can I file a case for compensation in delay of the said flat?
2. An agreement for the above said flat was made by the builder and subsequently registered, but the agreement was an unfair one with all clauses to benefit the builder and none to the buyer. Please note that this was not a one off case but was the same for all the 600+ flat buyers.
Can I file a case of unfair/practices of the agreement of the builder?
3. The builder had charged Rs 1.50 psf towards maintainence charges for 2 yrs which has been fully paid up along with a corpus fund of 1 lac per flat. Now its just 6 months i have moved in and the builder wants to increase the rate from 1.5psf to 2.5 psf. for all flat owners.
Does the builder have the right to increase the maintainence charges?
Do I have the right to approach consumercourt/civil court against this hike?
I would also like to know the process of forming an association of all the flat owners till such time that a society has not be formed to initiate legal and meaningful actions.
THank you
Wilson.
ajay sethi
(Expert) 16 July 2012
in case builder has failed to furnish building completion / occupation certifcate and handed over posession to flat owners it amounts to deficency in service . you can drga the builder to consumer forum and claim appropriate releifs .
the builder is bound to form cooperative society once flats are sold . it is to be doe under provisions of maharashtra ownership of flats act within period of 4 months . if builder has failed ot form society flat owners cna file criminal complaint against the said builder .
ajay sethi
(Expert) 16 July 2012
miantenance charges depend upon various factors . the property taxes, lift maintenace , water charges etc . in your case ask builder for a justifcation for increase in maintenance charges .
