No need to pay maintenance charges for flat without taking possession: TNREAT

CHENNAI: Giving a reprieve to a home buyer in a real estate project, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has observed that buyer is not liable to pay monthly maintenance charges as he is yet to take over the possession of the apartment.

Home buyer Thamizh Chelvan, booked a flat in a project developed by Puravankara Limited and Provident Housing Limited in Pudupakkam near Thiruporur. A construction agreement and sale agreement were executed in June 2009 and the buyer paid the entire amount of Rs. 20.84 lakh.

Meanwhile, the developer constructed 2,174 flats instead of 1,184 flats as allowed by environment clearance. Till date, no environment clearance certificate has been obtained by the developers for the increased number of flats.

Thamizh Chelvan filed a petition with Tamil Nadu Real Estate Regulatory Authority (TNRERA) citing the project as an ongoing project and challenged payment of monthly maintenance to Cosmo City Residents Welfare Association saying that he is given the possession after obtaining environment clearance.

Hearing the sides, TNRERA directed the promoters to obtain the environment clearance and hand over the flat within a time frame. But, the Authority directed the buyer to pay maintenance.

Aggrieved, he appealed in front of the Tribunal, observing that citing the lack of environment clearance, the buyer is unwilling to take possession of his apartment, though he had paid the entire cost of construction and the flat is ready for handing over.

"Unless and until the apartment is handed over to the Appellant/Allottee (buyer), he is not liable to pay the monthly maintenance. On the other hand, it is for the Respondents 1 and 2 (promoters) to pay the monthly maintenance charges as they would pay the monthly maintenance charges for the unsold flats, " the Tribunal said.

However, the Tribunal rejected another prayer of refunding Rs. 60,000 that the buyer had paid for car parking.