No builder can ask for maintenance fees until the OC is obtained: MahaRERA

Navi Mumbai builder was asked to obtain OC until June 2018 and hand over the flat to the complainant

No builder can ask for maintenance fees until the OC is obtained: 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. But, Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled against the builders asking them not to charge maintenance fees to those buildings which have not received an OC and to those buyers who do not take possession.

In 2010, Tushar Shetty bought a house in Navi Mumbai which belonged to the builder Bhupesh Babu. As per the agreement, Shetty was supposed to take the possession in 2014 but didn't do the same and the builder started pestering him to pay the maintenance fees. Shetty then told the builder that he won't pay the same as the building has not got the OC yet. 

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The said case then went to MahaRERA where the body gave an order in support of Shetty mentioning that no builder can demand maintenance fees until the OC is obtained.

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The builder has been asked to hand over the flat keys to Shetty and has asked the builder to complete the formalities of OC by June 2018.

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