DISPUTE WITH BUILDERS

Querist : Anonymous (Querist) 06 February 2010 This query is : Resolved
HI
I M STAYING IN AHMEDABAD IN SHREEDHAR APARTMENT MANINAGAR BUILT IN 1992. THERE IS PROBLEM WITH OUR SHREEDHAR APPARMENT HOLDERS THAT, OUR BUILDER NOT TRANSFER ADMINISTRATION OF OUR APPARTMENT TO FLAT OWNERS NOR TRANSFER MAINTANACE FUND. AND HE REFUSE FOR SAME. SO WHAT TO DO . WHAT IS THE LEGAL PROCEDURE TO TAKE ADMINISTRATION FROM BUILDER? BUILDER BUILT A APPARTMENT UNDER NAME OF KARSAN ASSOCIATION ( A NON TRADING CORPORATION) CAN WE MAKE A COMMITEE OF OUR FLAT OWNERS? AND WHOM TO INFORM REGARDING SAME(GOVT.AUTHORITY)
THANKS
VIPUL

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R.R. KRISHNAA (Expert) 06 February 2010
Members/residents/Owners of the apartment can form an association and register it with the registrar of societies. The registered association thus formed can collect maintenance from the members/residents/owners and do the administration of the apartment. Even after that if the builder disputes with the association or creates any trouble, the association can file an suit for injunction in civil court against the builder. If there is already an association formed by members of the apartment, then straight away the suit for injunction can be filed. But first issue a legal notice to the builder.

Raj Kumar Makkad (Expert) 06 February 2010
In addition to the opinion of Krishnaa, it shall be better if you serve a legal notice to the builder a demand from him all he accounts of amount collected by him from the residents and also demand to handover the administrations and such amount to the temporary association constituted by you and meanwhile get registered your own association and then file a civil suit. You have not to inform any Govt, authority rather to registrar.

B K Raghavendra Rao (Expert) 06 February 2010
Sri Krishnaa is quite right

Querist : Anonymous (Querist) 08 February 2010

THANK YOU VERY MUCH KRISHNAAJI. YOUR OPINION IS VALUBLE FOR US .

VIPUL

Querist : Anonymous (Querist) 08 February 2010
ALSO THANKS TO RAJKUMARJI

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