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41. That brings us to the question whether the plaintiff-society is entitled to any relief in terms of handing over possession of the society's office along with the records and accounts of all monies collected and maintenance charges and taxes payable. The plaintiff-society has relied upon the IAL-3846-2020-Hubtown Solaris (f).doc Dixit provisions of clauses 2(k), 4, 4.2, 4.3, 4.6, 4.7 and 4.9 of the standard form agreements for sale executed with the unit purchasers. These clauses clearly provide that the "common organization" contemplated by the developer- promoter, which is now the society, would fix maintenance charges for general maintenance of the building and which would be paid in advance by the unit purchasers. It is further provided that the maintenance charges and contributions are payable to the developers and promoters only till the common organization is so formed. Furthermore, if a common organization is formed, it is contended that till the plot is leased to the common organization, the developer has a right to collect proportionate share in the outgoings in respect of common areas and facilities. Thus, a distinction is drawn between clause 4.2 and 4.3. Outgoings in respect of the unit in use and occupation of a purchaser and charges for maintenance of common facilities could be paid by the common organization / society, but till such time the plot is leased to such common organization, the outgoings in respect of the proportionate share of the members of the society in respect of common facilities would have to be paid to the developer. This stands to reason since it is the developer's obligation to maintain the common facilities during the period that construction is continuing. On a case-to-case basis, this will have to be evaluated.

42. In the present case, the building is said to be consisting of 277 units, which are presently sold and largely occupied. The unit purchasers are not IAL-3846-2020-Hubtown Solaris (f).doc Dixit entitled to withhold payment of maintenance charges till a common organization is formed. This would entail that once the society is formed, maintenance charges in respect of the individual units would have to be paid over to the society and not to the developer and to that extent, the plaintiff- society must succeed. Interpreting clause 4.3 would mean that outgoings in respect of common areas and facilities of the plot would have to be paid over to the developer / promoter till the plot is leased to the common organization. The distinction between clauses 4.2 and 4.3 lies in the fact that clause 4.3 contemplates "common areas of the plot" and not the building. As far as the building is concerned and the common facilities and areas of the building are concerned, it cannot be contended that the payments are required to be made to the developers. That would be a completely incorrect reading of the clause. Clause 4.3 clarifies this and strengthens the view that all outgoings and maintenance charges in respect of the units, which are now being managed by the society, would have to be paid over to the society alone.