Contemplating legal recourse against builder
elbee barboza
(Querist) 23 January 2013
This query is : Resolved
I had purchased an investor flat in Mumbai in the year 2004. The said project was then incomplete and was supposed to be completed in April 2004 per the written agreement with the builder.
This project is still incomplete as of 21 January 2013. The builder has given possession of the flats under the pretext of a furniture making license and stating that we were occupying the flats at our own risk.
He has since then made us pay property tax for the flats ( which was credited against his name with the BMC as we still do not have an OC) and is now also claiming maintenance charges which he claims is at a reasonable rate.
What legal recourse do I have against this builder and does the MOFA act apply here.
ajay sethi
(Expert) 23 January 2013
yes it applies . you have to move consumer forum against the builder alleging deficency in service . builder is bound to get OC . further he is required to give conveyance in name of society formed in this regard
elbee barboza
(Querist) 25 January 2013
Thankyou Mr. Sethi.
I however have more urgent issues besides the conveyance
1) Is the builder entitled to charge us maintenance charges until he hands over the building( conveyance). the agreement entitled him to a years maintenance, can he legally charge us after that period?He has been claiming dues for the additional 8 years that he has provided us basic facilities even though he has defaulted on his commitment of in-time completion.
2) Can I carry out alterations in my flat. I have waited for 9 years to carry out renovation work and even now the society is not formed. I am facing leakage issues in my flat. I need to rectify these and intend to use the opportunity to carry out a few changes in the flat. Kindly advise.
ajay sethi
(Expert) 25 January 2013
yes builder can recover maintenance as flats have already been sold to you and you are in posession of the same . he has to pay electricity , water , security charges . in addition he has to pay for lift mauintenance etc . no builder will pay from his own pocket .
if builder has not formed cooperative society members can get together and form society . you cnanot carry out structural laterations in your flat . for other alterations you cna do so . inform the builder about leakages and steps being taken by you to plug those leakages
