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Is it legal to pay maintenance cost before obtaining OC?- Property Hotline
Posted
July 27, 2016
Views
3,186
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July 27, 2016
3,186
35
1
1.13%
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2:40Now PlayingBe Un Confused
Expert: Uday Wavikar, Vice President, Consumer Court Bar Association - Maharashtra and Goa.
Question: I got possession of my flat in April. The developer asked me to deposit a 2 year's maintenance but the flat does not have an OC. Is this legal?
Answer: You should immediately file consumer complaint before the Thane Consumer Court if the value of your flat is below Rs20 Lakhs and if the value is above Rs20 lakhs then before the State Consumer Disputes Redressal Commission Mumbai for getting the Occupation Certificate from the developer.
Further, there may be a clause in your agreement stating that at the time of possession, you will give 2 years maintenance will in advance. Hence, the developer can demand the maintenance from you. However, it seems that the amount of Rs20000/- per month is very high, therefore, you can ask the builder or issue a legal notice through advocate demanding the break-up of Rs20000/- demanded by the developer and how it is utilized
After his reply, you can take further steps against the developer.
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