Dear Sirs,
I had purchased a flat in one of the apartments in Bangalore. I had received all the documents except Katha. The apartment is built on amalgamated land which has original Katha. Due to Akrama / Sakrama, the bifurcation of Katha is pending. The apartment has total of 16 units in it. It is understood that the builder has deviated, claims to be a little by builder, from the original plan. He is ready to pay some where around Rs. 5,00,000/- from his part if any penalty is imposed when Akrama / Sakrama issue is cleared. Moreover he claims that the penalty would be less than that.
In the mean time we have trouble in maintaining the apartment and we apartment owners enter into quarel amongst us. So I suggested for formation of Apartments Owner's Association and properly register it. Some say if we form the association, then the builder will escape from the deviation penalty. Hence I suggested to form the association and execute an agreement with builder binding him to clear the previous dues and errors that were before handing over of documents to association or we will delay the possession of documents till the katha issue is cleared.
Can we form an Apartment Owner's Association? If we form, will the builder escape from paying penalty?
