BHUBANESWAR: To protect the interests of allottees of a major housing project in the city, the Bhubaneswar Development Authority (BDA) has reaffirmed its earlier decision, requiring occupants with outstanding monthly maintenance fees to settle dues exceeding Rs 2 lakh within a month.
Some occupants have refused to pay these fees, arguing that the project is still under the builder’s control and has not been fully handed over to the association, claiming that there is no registered association of allottees per legal requirements.
Nevertheless, the project located in Sijua, Patrapada, was among the first to receive its occupancy certificate and established its association of allottees under the Odisha Apartment (Ownership and Management) Act, 2023. The association contested the non-payment of dues in July and received a favorable ruling.
In a ruling from July, the BDA, recognized as the competent authority under the Act, empowered the association of allottees to recover dues or discontinue essential services like electricity and water supply for defaulter homeowners. Out of approximately 160 homes, 4 had not paid their maintenance fees.
In September, the defaulters contested the July ruling, but during a new hearing, the BDA reaffirmed its prior decision, instructing the defaulters to pay the outstanding Rs 2 lakh in maintenance fees to the registered association within a month.
During the hearing, the BDA established that Section 19 (1) of the Act stipulates that if an apartment owner willfully violates or threatens to violate provisions—including the failure to pay common expenses for three consecutive months—the association can take necessary actions.
The BDA stated, “Taking into account submissions from all parties and provisions of the Odisha Apartment (Ownership and Management) Act, 2023, the appellant must pay for common expenses, including maintenance charges,” and directed that payment be completed within a month.
Prafulla Sarangi, the secretary of the allottees association, noted that the Act significantly empowers the allottees. “Not all issues arise from builders; sometimes, allottees or occupants create problems. The Act provides safeguards against legal violations,” he highlighted.
