Building maintenance charged without society formation
Rishi K.Chawla
(Querist) 25 October 2015
This query is : Resolved
Is there an existing judgement or law regarding the authority / legal rights of the builder to collect building maintenance money from the flat owners in a situation where he has not formed the society but the building has got an OC? I am a flat owner in a building where the builder own maximum flats & refuses to form society due to personal interest in the said plot. He is not maintaining the building properly but is demanding maintenance charges. If not paid in time then along with interest. FYI, the building has OC. Please help.
ABDUL RAZIQUE
(Expert) 25 October 2015
If the builder provide you water and other utilities then the builder may charges you the cost of service.
P. Venu
(Expert) 26 October 2015
First of all, try to get information from the concerned office whether the building has got OC or otherwise.
Rajendra K Goyal
(Expert) 26 October 2015
Builder after OC, if providing services may charge.
The flat owners may form society, get it registered, start maintenance, ask the builder to handover the maintenance and other work to society.
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Rejendra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
The builder who maintains the apartments till such time the society is formed is entitled to maintenance charges from the apartment owners, but no to an exorbitant extent.
