Builder directed to bear cost of maintenance charges

The Dera Bassi Sub-Divisional Magistrate has directed ATS Estate Pvt Ltd, ATS Golf Meadows Life Style, Barwala Road, to not charge maintenance fee from the residents until a full occupation certificate is obtained from the competent authority or an RWA is formed as per Section 5(13) of the Punjab Apartment and Property Regulation Act (PAPRA) Act.

The real estate firm has been directed to provide maintenance facilities at their own cost till the occupation certificate is taken.

Complainant Amarjeet Singh and residents of ATS Golf Services Pvt Life Ltd Style, Dera Bassi had complained to Additional Deputy Commissioner (UD) SAS Nagar for further actions on August 21.

Summons were issued to parties for a hearing, during which complainants were present. The respondents, however, did not attend the hearing. The petitioners had prayed for issuance of directions to respondents not to hand over an incomplete club house without providing all the facilities.

"Respondents are not entitled to handover the possession or charge the maintenance till the issuance of Completion/Occupancy Certifiçate from the Competent Authority and it is also mentioned in the Municipal Bye laws that the possession of the property cannot be given without occupancy certificate and furthèr, the respondents, are not entitled to charge any maintenance for the period of five years from the issuance of Completion Certificate which has not been taken by the Respondents so far, so the Respondents are not enfitled to charge any maintenance rather. They have to upkeep and maintain all the common facilities till 'the expiry of five years from the issuance of Complefion/Occupancy Certificate," the SDM order read.