Gurugram bench reinforces that builders cannot collect maintenance fees before handing over possession.

Haryana RERA Orders BPTP to Refund Pre-Possession Maintenance Charges with 11% Interest.

The Gurugram bench of the Haryana Real Estate Regulatory Authority (Haryana RERA) has directed BPTP to refund maintenance charges collected from an allottee prior to handing over possession of a residential unit at Park Spacio, Sector 37D, Gurugram. The authority ordered a refund of ₹1,16,545 along with interest at 11% per annum from the date of collection until realisation. The complaint, filed in 2024, highlighted that the promoter had demanded maintenance charges even though physical possession of the apartment had not been given and the builder-buyer agreement contained no clause permitting such advance collection. Haryana RERA observed that non-payment of maintenance charges cannot be used as grounds to deny possession. Additionally, the adjudicating officer awarded ₹1 lakh as compensation for mental agony and ₹50,000 towards litigation costs, reiterating that promoters must strictly comply with RERA norms.