Legal Question in Real Estate Law in India
Our society was registered 1 month back.The builder did not come at the time of handover but sent the person who
did the registration work for him.The builder has not paid the elctricity charges for common metre as no bill has been generated
by MSEB since installation of the metre in 2011.The builder is asking us to pay the bill if generated after contacting MSEB.Are we liable to
to pay the bill for the period before handover of the society?The builder has taken maintainance charges before handover of society.
Builder says that some members have not paid the maintainance ,hence he is unable to pay.He did not contact MSEB when
the bill was not generated.Also he has not intalled the entrance gate nor he has provided swimming pool,community hall etc as promised
in the brochure.What legal action can we take?
1 Answer from Attorneys
Liability of meeting all common expenses is on the flat purchaser and it is a standard term of flat agreements.
If builder has not taken any money separately from flat purchasers to meet common expenses, then same has to be contributed by all flat purchasers.
If builder has taken money and now avoiding to pay, then you may take appropriate civil and criminal action.