Hefty Maintenance fee for empty plots and villas in single layout
Builder has a scheme of empty plots and villa in remote place. The villas are used only in vacations / weekends as no one is staying in the villa even they can be rented. I purchased a empty plot of 250 sq mt net area. I purchased it through agreement in July 2023 including everything in Rs. 11 Lakh which included the Maintenance charges of common area, etc. Now in Feb 2024, the builder is forcing to pay Rs. 2 Lakh as Maintenance charge for my empty plot as yearly maintenance charges. Further in my empty plot area only boundary is constructed and there are some connections for electricity and water but no maintenance is done like grass,etc. Is it legal or suitable to pay this maintenance charge for my empty plot to builder.
Based on Indian property law, if your original agreement from July 2023 explicitly included maintenance charges, the builder cannot unilaterally impose additional maintenance charges of Rs. 2 Lakh without your consent, especially for an undeveloped plot where minimal maintenance is being provided. If there's no specific clause in your agreement about future maintenance charges or their revision, you can legally contest this demand and file a complaint with RERA or the consumer forum, as this could be considered an unfair trade practice under the Consumer Protection Act, 2019.
Sir, kindly discuss with the builder politeld and ask him to stop demanding as According to NCDRC, builders are not allowed to force tenants to pay maintenance fees without obtaining an Occupancy Certificate. For further details contact us on our helpline number.
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