August 3, 2016
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5:02
5:25Now PlayingExpert: Hemang Jariwala, Advocate at the Bombay High Court.
Question: I purchased a flat on Kalyan-Shill road from a reputed developer. The developer asked me to deposit 2-year maintenance. I took possession of the flat in April 2016. However, the flat was not ready to move in despite having paid the entire amount in December 2015 when they informed me that the OC had arrived. Upon my persuasion, the developer gave me possession in April 2016 and a letter that maintenance will begin from April 2016. The developer has informed the society that they are deducting over Rs20,000 member for various services rendered before obtaining OC. Is this legal? What action can be taken?
Answer: No, it is illegal. The developer has no right to give possession to any flat purchaser before obtaining occupation certificate from the competent authority. Hence there is no question of collecting money or rendering services before occupation certificate. You can collectively in a class-action approach the consumer forum under the consumer protection Act 1986, and demand the said amount along with interest.
Be Un Confused
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