Response

Hello,

As per Section 2 (q) of the RERA Act, 2016, “completion certificate” means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan, and specifications, as approved by the competent authority under the local laws.

And as per Section 2 (zf) of the RERA Act, 2016, “occupancy certificate” means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity.

The builder can ask for maintenance after the Completion Cerificate (CC) and the Occupancy Certificate (OC) has been issued. On many occasions builders hand over the flat’s possession without an occupancy certificate and start charging maintenance fees from 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 from thse buyers who do not take possession. The said builder is not eligible to claim maintenance before the completion of the total facilities. First he is required to complete all the procedure then he can ask for the maintenance charges.

Also, if you want to, then you can file a complaint in the consumer forum for deficiency in services.

Reference:

2021002320210021608

LAWAYZ-2023-641