Builder Took Advance Maintenance Without Giving Occupancy Certificate

Ambernath Builders in Thane have taken 2-3 years maintenance from homebuyers, but have not delivered the Occupancy Certificate to us. What can we do?

Answer (1)

Karishma Pandit

Karishma Pandit

  • Sector-1, Noida

No builder can ask for maintenance fees until the OC is obtained, as held by MahaRERA. On many occasions, builders hand over the flat's possession without an occupancy certificate (OC) and start charging maintenance fees to the buyers even if they don't stay in the house.

If the developer sends a possession letter without OC, the buyer should resist such possession and refuse to pay the principal or the so-called interest claimed. In fact, if the developer breaches timelines, buyers can take necessary recourse from the law and file a RERA Complaint for relief.

Answered on 16 Sep 2019


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