What are the legal options if registry pending and maintenance charges demanded?
I booked a plot from Vatika Ltd. in the project "Vatika India Next" in 2011. In 2016, they asked me to take possession (not registry) of the plot, failing which I would have to pay holding charges. At that time, they required me to sign a maintenance contract with "Enviro Integrated Facility Services Pvt. Ltd." (a company floated by Vatika). I had no option but to sign the contract; otherwise, I would have to pay holding charges. However, the registry has not been completed to date, and without registry, I am unable to commence any construction. Recently, Enviro Integrated has sent me a legal notice demanding maintenance charges of approximately ₹3 lakh (which includes ₹1,44,000 as interest) plus ₹55,000 for legal notice fees. They have also mentioned an electricity meter that was never requested or installed at the site. My point is, since the registry has not been done, I cannot start construction, and I am not availing any services. Therefore, I believe I am not liable to pay maintenance charges. It appears there is a nexus between Vatika Ltd. and Enviro Integrated. Could you please advise what my legal options are in this situation?
In your case, you should respond to the legal notice. If you are in possession of the property, you may be required to pay the maintenance charges. However, it is advisable to review your agreement, if you have one. You can also request Vartika Land to proceed with the property registration. If they still do not provide possession, you can send them a legal notice. For further legal assistance contact us on our helpline number.
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