Builder if not giving corpus fund to the society federation
sudhakar s. yeradkar
(Querist) 13 March 2018
This query is : Resolved
Dear Sir,
It is a federation of 25 societies registered in the year 1995. The builder has completed project in the year 1994-95. The total amount was collected by the builder at that time is Rs.70,00,000/- (Rupees Seventy Lakhs) At present builder is not paying anything to maintain the common facilities of the complex. Neither he is giving our corpus fund.
As per MOFA is there any provision to get this fund to federation?
Please advise suitable action.
Thanks in advance
Dr J C Vashista
(Expert) 15 March 2018
Whether the builder is liable to Society or Federation of Societies?
The builder must have taken up construction work of individual society but not for and on behalf of Federation as stated.
Separate laws govern both subjects.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
sudhakar s. yeradkar
(Querist) 15 March 2018
Thanks for your expert advise sir,
The Builder is liable to Federation of Societies and for individual Society.
Moreover the builder has formed the Federation of the 25 societies and from 1995 till 2000 he use to maintain (expenditure only) affairs of whole complex thru the federation committee. But from 2000 onward neither he has paid expenditure form the interest of the corpus fund nor giving corpus fund to the federation.
