Applicability of resolution passed by society on nonmembers
Pankaj Thadani
(Querist) 25 April 2021
This query is : Resolved
I have bought a flat in an under construction apartment 10 years back, till date we havent got the possession. Builder has defaulted on Development charges to local muncipal corporation which is around 80 Cr's and has now abandoned the building after taking 97% of dues from the members.
Due to pending MCGM charges his OC applications have been rejected multiple times. Just to divert attention from all these issues builder has created a society with around 52% members. He has used all illegal tactics to get this society registered and has also promised unrealistic dates to members who have never been to site in years and are unaware of actual outflows.Around 40% of the flat owners are not part of the society as the developer never officially invited any of members to create a society.
The society committee has always been favouring the developer and has now started threatening the non members of passing any resolutions which will be binding on all members. An example instance has been society has passed in a resolution asking each members to contribute 2 lakhs to finish the pending construction. The society has turned a blind eye to pending 80 cr dues as the flats wont be legally habitable until that has been paid, Instead they are harassing the non members to be part of society and pay the dues for pending construction. To create fear among members they have added a clause of 18% interest on delayed payment.
Hence i wanted to understand what powers does a society have in an under construction apartment and would this supercede the registered agreement with the developer as the developer till date hasn't expressed his inability to finish the building and also its applicability on us until we become members of the socirty.
SHIRISH PAWAR, 7738990900
(Expert) 26 April 2021
Hello,
You have to take legal action against the builder for deficiency in services and unfair trade practices. If you fail to take action then your interest will not be protected. Even a single person can initiate legal action against the builder. You have the right to demand a flat as per the terms and conditions of the agreements against the builder.
Pankaj Thadani
(Querist) 26 April 2021
Thanks for responding Shirish, We are initiating the legal action but until we receive a final order from courts what would be the recommended way to tackle resolutions passed by society favouring builder. Are their resolutions binding on all the non members?
