Builder demanda maintenance charges before possession
Sachin Kadukar
(Querist) 30 April 2015
This query is : Resolved
I have booked flat from builder on Dec 2011 in Greater Noida (UP) and have paid all payments/dues as per given demands letter including interest charges.
I was surprised to receive the last demand raised by builder in Feb 2014 mentioning the interest on the already paid payments.
I have received every demand letter raised by builder after due dates mentioned in schedule by 2 to 3 months. In the demand letters there was no mentioning of any types of interest amount i.e. zero amount of interest shown in demand letter.
I have paid remaining possess amount and dual electrical meter charges on Jun 2014.
My flat was ready in Oct. 2014 I was shift in it but till date builder has not been issued possession letter. Project work is still running and most of work is not complete so far like fire fighting, car parking, lifts, roads, proper electrical supply, water supply, corridor lighting, road lighting etc.
Now builder circulating the notice for maintenance charge.
Some work is pending inside my flat, I discussed with builder’s staff many times but no one listen and they didn’t take any action. I had send mail so many times to builder but he couldn’t reply.
I have the following point to discuss-
1)Can builder take maintenance charges before issuing possession letter/without registration whereas 40 % of work and amenities is incomplete and one tower is under construction?
2)Builder have charge 12.25% service charge on maintenance amount, is it right ?
3)How can I recover undue interest charge which was I paid ?
4)I had paid amount of car parking, club, dual meter charges, IFMC but till date builder could not hand over these things can I claim interest amount on him?
5)Approx.. 450 families had been shifted and some people are told me that we are living in illegal is it right ? (but builder had promised us that, he will issue possession letter after shifting)
6)Can I file case against builder in consumer forum or civil court.( which will better))?
7)How much time will take if I file case in court.
Devajyoti Barman
(Expert) 01 May 2015
1. Definitely not.
2.Since he can not charge maintenance charge just now, there is no question of service tax.
3. You have to initiate legal proceeding unless the the builder agreed.
4. Yes, you can claim for damages out of this delay, if not interest.
5. PL is to be issued before shifting which happens when the building is complete for habitation.
6. Yes, very much.
7. Around 1-2 years.
Sachin Kadukar
(Querist) 01 May 2015
Thanks for your co-operation
Sr. no. 5 what is PL please clarify
Rajendra K Goyal
(Expert) 01 May 2015
First take the possession and issue legal notice to the builder for all these short comings. File consumer complaint.
T. Kalaiselvan, Advocate
(Expert) 04 May 2015
All your questions have been answered properly by the experts above. As suggested, first take possession of the property and then approach consumer forum against the builder with all the mentioned grievances for relief and remedy.
malipeddi jaggarao
(Expert) 06 May 2015
Agreed with experts. Take possession and knock the doors of Consumer forum for relief.
