Maintenance charges to builder in absence of housing society
Chandraprakash B. Morjal
(Querist) 27 June 2018
This query is : Resolved
I had purchased ready built flat on 26.11.2012 in a building consisting of 10 flats from Shri T.K. Joshi, doing Real Estate business in the name and style of "Lakshmi Developers". As per agreement, Maintenance Charges @ Rs.1686.00 per month was paid to the builder in a lump for three years period ending 25.11.2015. After completion of said three years, the builder continued levying maintenance charges in the absence of Co-operative Housing Society. Now maintenance charges are increased from Rs.1686.00 to Rs.2248.00 per month + GST @ 18%. Though the builder is doing his real state business in the name and style of "Lakshmi Developers" but he is claiming maintenance charges by cheque in the name of "Lakshmi Developers Vrindavan". The property is within jurisdiction of Gram Panchayat in Thane District of Maharashtra State. The Gram Panchayat is not providing any civil amenities to the residents because the builder has not cleared old outstanding dues of Gram Panchayat. The civil amenities being provided by the builder is sub-standard. Now my points for clarification from expert are as below:
(1) Whether GST @18% can be paid :
(i) to "Lakshmi Developers Vrindavan" which is not registered under GST;
(ii) the monthly maintenance charges are below threshold limit of Rs.7500/-;
(iii) the annual turnover of "Lakshmi Developers Vrindavan" is below 20.00 lakh;
(2) Whether higher rate of Maintenance Charge is payable to the builder, who is not initiating for formation of a Co-op. Housing Society, and providing only sub-standard Civil amenities.
(3) Whether the builder can delay the payments of old outstanding dues of Gram Panchayat and thereby deprive the residents to avail standard amenities from local authorities.
Note: Civil amenities, wherever mentioned in the above query means "Services and Maintenance".
Kishor Mehta
(Expert) 28 June 2018
1. The builder is legally bound to register a Co-operative Housing Societies within 4 months of the complete erection and obtain occupation certificate.
2. You are not covered under the GST considering your stated parameters.
3. The builder is legally bound to pay the previous dues, you are not supposed to pay any share towards his past dues.
4. You may take recourse to file your grievances with the Consumer Forum.
