State housing regulator MahaRERA has backed a homebuyer's decision not to pay maintenance for an apartment he bought in Navi Mumbai till he takes possession of the home, something he has resisted because the developer has not obtained the mandatory occupancy certificate (OC) for the building. Tushar Shetty had purchased an apartment in developer Bhupeshbabu Nilliparambil's project Enkay Garden in Navi Mumbai in 2010, and was promised possession of the apartment in 2014. But since the builder did not get the OC, Shetty refused to move into the flat. But the builder insisted that Shetty pay maintenance for the flat since he had been offered possession, along with a 21 per cent interest till date, whether he is residing there or not. The upkeep charges for three-odd years work out to be Rs 20,000, the builder told DNA. During the hearing, Shetty said that even though others took possession of their apartments, he refused until the building got an occupancy certificate (OC), otherwise known as the completion certificate. He pleaded before the authority that the developer be directed to obtain OC from the civic authority at the earliest and not demand maintenance charges till then. The builder's advocate said the project would get the OC by June. He further argued that other flat purchasers were residing in the complex, which is finished in all respects, without any hassle, and it was only Shetty who hadn't taken possession. MahaRERA ruled in favour of Shetty, saying he does not have to pay maintenance fees till he possesses the apartment, and added that if the flat is not handed over by June, the builder would pay interest on the amount Shetty has shelled out to buy the flat.

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