Property Law

Developers do not Have to Maintain Flat or Apartment after Registration is Completed

Developers do not Have to Maintain Flat or Apartment after Registration is Completed and Property Handed Over

The Calcutta High Court in Merlin Tf Lake View & Ors vs Ruchir Jain & Ors on 26 August, 2015, held that:

“Once the apartments are constructed and registration is completed, we fail to understand how the maintenance charges could be borne by the developer. It has to be borne by the respective owners of apartments or the tenants depending upon the agreement between the owner of the flat and the tenant who occupies a particular flat.”

The Court also directed the Special Officer appointed by the Court to:

“collect the said money from the flat owners who are refusing or reluctant to pay at the rate of Rs.2 per sq.ft. towards the maintenance charges.”

It is pertinent to note that maintenance charges and maintenance of the apartments, after the building is constructed, the apartments ready and handed over, is upon the owners and residents of such apartments. Forming an apartment association is the best option to deal with apartment maintenance charges. However, if no association can be formed, then the majority of the owners should come together to initiate process of registering an association. It is an easy process and with the coming of the Amendment Act of 2015, all owners are not required to form the association.

6 replies on “Developers do not Have to Maintain Flat or Apartment after Registration is Completed”

I thank you very much for your special attention on apartment living including its Acts etc. Your note on collection of maintenance charges and role of promoter/developer is also very important for us.
Thanks again,
Subrata Banerjee
Baghbazar Housing Apartment Owners’ Association,
2, Ananda Chatterjee Lane, Kol-700 003.

Kindly advise the remedies if a flat owner defaults paying his monthly maintenance charges in time. Also inform what should be done if no meeting of flat owners is covenened by the secretary and/or the president of flat owners’ association at all after its formation before three years.

Take steps according to bylaws. You can charge penalty for late payment and the Society can also dismiss membership of the member if they fail to pay constantly. If no meeting is finalized then society can call for one. You can also report to Registrar if the Society fails to comply with regulations. Email me to for more details

Our society is not registered yet though Form A has been submitted to the competent authority of West Bengal Apartment Ownership Act, 1972. We have a corpus fund which is being depleted day by day due to delay in filing Forma A for over 2 & 1/2 year. The interim elected managing committee has started MC after calling GBM where majority people voted to start the MC without further delay to stop depletion of corpus fund. Few of the members are not paying MC stating that MC cannot be collected by unregistered society etc. though they do not have any solution to continue the operation expenses.
Can you advise us in this matter and any reference judgement in such cases?

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