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elbee barboza (HR Executive)     18 January 2010

builder harassment

Dear Sir, This is the fourth time i am posting this query.

It has registered 80 views atleast,but not one reply.

Hope somebody has an answer to the following.
"Can a builder give possession of a flat without an O.C under the pretext of furniture making license, and then charge the flat owner a maintenance per month as outgoings towards his stay in the premises.
Is the owner of the flat also required to pay his property tax in the above case wherein the builder receives bills from the BMC directed to his office and then splits it as per his calculations and also charges penalties if any for late payment and gives receipts issued in his name by the BMC to the respective flat owners.
The subject in question is a reputed builder and has sought to charge regular maintainance and also extort property tax from the residents(all of whom are on furniture making licences) citing that since they have occupied the flat they need to pay their dues even though the building does not have a valid O.C. and has been so for the past 6 years from the time of promised possession as per the agreement.
What recourse does MOFA provide in such cases?"


Learning

 2 Replies

Md. Muneeruddin (Advocate)     18 January 2010

I am an advocate from Hyderabad and I am practicing in consumer courts also.

Your question is :
"Can a builder give possession of a flat without an O.C under the pretext of furniture making license, and then charge the flat owner a maintenance per month as outgoings towards his stay in the premises?
 
Ans :  To agitate the issue of O.C, you need to explain why you have not issued a legal notice protesting against delivery of possession without OC.  However, you can still approach consumer court as it constitute deficiency in service.  Secondly, if there is any covenant in your agreement for payment of maintenance per month till an association is formed, they you have to pay the maintenance to the builder else, you can discontinue the payment and file a consumer case and deposit the maintenance in the court with prior permission of the Court.
 
 
 
Your Question is :
Is the owner of the flat also required to pay his property tax in the above case wherein the builder receives bills from the BMC directed to his office and then splits it as per his calculations and also charges penalties if any for late payment and gives receipts issued in his name by the BMC to the respective flat owners?
 
Ans:  In the first place, you are liable to taxes for enjoyment of property and not the builder.  You can approach BMC directly by filing self assessment to get tax assessment in your individual name.  You can give notice to authorities about your legal possession and report the authorities to discontinue to issue notices to builder and take up assessment by individual flats and if the autorities do not act, you can file a writ petition.  The builder cannot demand penalties from you for which you can issue notice to him asking him to make appropriate application for seperate flat wise municipal assessment and refuse to share any taxes or penalties till the assessment of each flat is made individually.
 
I hope I am able to reply 60% of the querries
 
Regards-Muneeruddin-Advocate
 

elbee barboza (HR Executive)     12 November 2010

Thank you very much Mr. Muneeruddin for your valuable advice and god bless


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