Can Society Demand Maintenance Charges on Unsold Flats before Society’s Registeration from the OC was obtained? Builder had maintained the whole building for 2 years with our money which we Flat Owners paid as Maintenance Chgs and the Builder says that due to it was his property & he was maintaining so he is not liable to pay Maintenance Dues for his Unsold Stock before Society’s Regiatration. Here, OC received is in 2014, Society is Registered in 2016 in Maharashtra.
So, my query is that can Society demand 2Years Maintenance Charges which is of period before Society’s Registration from the Builders on Unsold Flat in proportionate share as all we Flat Owners had paid???
What to do for demanding this amount?
Is it Legal? Under which Law or Act or Rule can Society get right/power??? Judgements required???
I C Naik
RESPONSE
The facts are all jumbled up, so I am avoiding any analysis but suggest a drastic measure which is not all that difficult as it prima fascie looks. The Builder has been held as a service provider to the flat purchasers and under the MOFA 1963 he has certain definite statutory obligations in the nature of contracted services which he has failed to render.
It is a open and shut case of deficienc in service and the flat buyers as consumers have a strong case for compensation by the builder for deficiency in service as well as damages for tension and mental stress to all purchasers.
There are several deficiencies the builder is laible to be prosecuted, but best course is the flat buyers should file a complaint to the District Consumer forum listing out all your expectations which he has failed to meet, WHATEVER YOU THINK. Let maximum buyers sign it and then any one of you who coluld speak well should stand up before the Court and narrate your woes and ask for making all those deficies good and a reasonable compensation that majority of you can think of. It costs really pea nuts and you will get redress in 3-6 months.
