Common facilities not done by builder relief from owners association.
sahithi
(Querist) 29 July 2012
This query is : Resolved
I purchased a 3rd floor flat from M/s. Alacrity Housing Limited under proper sale deed registered. However, the builder has not installed the lift due to financial problems. The complex was handed over to Residents Welfare Association (Tarangini Flat Owners Association) and the maintenance charges are regularly paid. LIke the lift, the builder has not completed other common facilities such as compound wall, path ways, platform around transformer etc. The Residents Welfare Association is diverting the maintenance funds for construction of common facilities which the builder has left incomplete. However, the Residents Welfare Association is not ready to install the lift. Is this correct? While all other incomplete works are being done by the RWA, why not the lift? Can we take them to the Court? Pls. advise. Alternately, if we install the lift by ourselves, can we withhold the maintenance and recover the charges, as we have contributed to the common facility which is being used by all. Please advise. In certain blocks, there are all buyers who have to pay huge dues yet taken possession of the flats and enjoying their property (where the lifts are installed). In these cases, the builder has not registered the sale deed. That is why, they have withheld balance payments. Thanks for the advice.
Dear Shri Prabhakar Singh, and Shri Ajay Sethi
1) Flat was purchased in the year 2001. My query is that RWA is diverting the monthly maintenance funds for doing some works left incomplete by the builder and not the lifts in my block. The complex has 15 blocks out of which 12 blocks have lifts. In these blocks, persons who have not paid their entire construction costs are also staying and for them the builder has installed the lifts as well. Some of these persons do not have sale deed i.e. their flats are not registered.
2) As the members of the 3 blocks are minority compared to members in other 12 blocks, whatever is convenient to the members in 12 blocks gets passed in the General body. This is even with regard to completion of balance work to be done by the builder. But, the RWA is not willing to even part finance the lift installation.
3) Can we proceed against the members who have not paid their entire construction cost, got their sale deed registered and enjoy all the common facilities?
4) Can we the members of 3 blocks without lifts install the same on our own and get it reimbursed through the monthly maintenance as the lift is a common facility to be used by all the 15 blocks.
5) Can objection be raised in a Court of Law for allowing unregistered members to vote in the General body Meeting?
Thanks for the valuable advice.
prabhakar singh
(Expert) 29 July 2012
The RWA or its' members should file a consumer complaint case against builder Alacrity Housing Limited in Consumer Forum.
ajay sethi
(Expert) 29 July 2012
1) when was flat purchased by you?
2) whether in brochure mention is made about installation of lifts ?
3)if builder has not completed construction of common facilites like compound wall , parhways then ho was occup[ation ceritficate handed to builder .
4) builder is repsonsible for installation of lifts and other common facilites .
5) if he fails to do so issue builder legal notice for deficency in service .file complaint before consumer forum
6)contact a local lawyer .
