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Jayesh   27 August 2020

Can individual file case for not forming society?

My builder has not formed society for almost 9 years now. Most of the flat owners are from builders business circle so not worried about co operative housing society formation or conveyance deed.

They have blind faith on builder.

Can I approach consumer court individually?

Can I register case in NCDRC directly?

 

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     27 August 2020

Where is the property located ? 

What are the terms and conditions of the agreement of purchasers with the seller / builder ?

Whether your case shall be for registration of Residents Welfare Association under the provisions of Societies Registration Act, 1860 or your State Cooperative Societies Act ?

Whether the case of registration of a Cooperative Society can be termed as "deficiency of service" or covered under "unfair trade practice" for knocking the door of NCDRC, as stated by you? Answer is simple "NO".

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts /documents, professional guidance and necessary proceedings.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 August 2020

 mandatory for the builder to register a cooperative society before giving possession of the flats to purchasers. “Maharashtra Ownership of Flat Act 1963 makes it mandatory.

P. Venu (Advocate)     28 August 2020

Any suggestion depends upon the locally prevailing law.


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