NEW DELHI: Haryana Real Estate Regulatory Authority’s Gurugram bench has directed BPTP to refund ₹1,16,545 collected as maintenance charges from an allottee, along with interest at 11% per annum from the date of collection till realisation.
The order was passed by the adjudicating officer in complaint no. 531 of 2024, filed by an allottee of an apartment in Park Spacio, Sector 37D, Gurugram.
The complainant argued that the promoter had forced him to pay the maintenance amount before handing over physical possession of the unit. It was also submitted that there was no provision in the builder-buyer agreement allowing the promoter to collect maintenance charges before possession.
The authority noted that the demand for maintenance charges was not disputed by the respondent builder. It held that the promoter was not entitled to deny possession on the ground that maintenance charges had not been paid in advance.
The adjudicating officer also awarded ₹1 lakh as compensation for mental agony and ₹50,000 as litigation cost to the complainant.
“No promoter is entitled to collect maintenance charges in advance before handing over possession of the unit. Promoters should educate people in this regard and work as per RERA rules,” the adjudicating officer said in the order.
