For maintenance of apartments society vs company u/s 25
panna lal nawalkha
(Querist) 30 September 2012
This query is : Resolved
I am a apartment owner resident in multistoried bldg with 102 flats,constructed by builders(63 flats)and landowner vendor(39 flats) ON 10 APRIL 2010 BUILDER HANDED OVER MAINTENANCE OF ALL FLATS TO A PRIVATE COMPANY FORMED BY VENDOR U/S 25,WITH SEVERAL INCOMPLETIONS OF COMMITTMENTS MADE IN BROCHURE/AGREEMENT,AND ALSO WITHOUT OBTAINING BUILDING COMPLETION CERTIFICATE FROM AUTHORITIES.THIS PRIVATE COMPANY WAS EXCLUSIVELY OWNED BY VENDOR. DESPITE SUBMISSION BY SEVERAL MEMBERS THAT SOCIETY IS BETTER THAN COMPANY BUILDERS(ALSO PARTNER OF VENDOR IN OTHER PROJECTS),HEEDED TO DESIRE OF VENDOR AND GAVE MAINTENANCE TO VENDOR'S COMPANY. For flat 1)maintenance deposit money taken as onelakh per flat for a corpus and also one lakh/flat for health club( tobe managed by society /company). AFTER LOT OF EFFORTS OUT OF 102 LAKHS ,BUILDER -VENDOR DEPOSITED 95 LAKHS FOR MAINTENANCE CORPUS. THECORPUS MONEY OF HEALTH CLUB IS NOW DENIED ON THE PRETEXT THAT IT IS ADMISSION FOR HEALTH CLUB,ALTHOUGH IN AGREEMENTS IT IS MENTIONED THAT IT IS CORPUS OF HEALTH CLUB. CONSTRUCTION OF HEALTH CLUB WAS MENTIONED AS PART OF AMENITIES OF COMMITTMENT FOR FLATS,AND HAD NO LINKAGE WITH THIS MONEY . EVEN IN REGISTRY THIS MONEY WAS NOT CONSIDERED FOR STAMP DUTY CALCULATION. SINCE COMPANY IS OWNED BY BENEFICIARY PARTNER OF PROJECT,WE ARE IN HELPLESS POSITION. KINDLY GUIDE US 1 ADVANTAGE OF SOCIETY OVER COMPANY -2.SIMPLE LEGAL METHOD TO REALISE HEALTH CLUB MONEY,DECEITFULLY DENIED FOR DEPOSITION AS CORPUS BY BUILDER VENDOR. HEALTH CLUB MONEY OF 39 FLATS LYING WITH VENDOR(PRESENTLY CONTROLLING COMPANY0 AND FOR 63 FLATS TAKEN BY BUILDER. 2 HOW TO REDUCE THE TAXATION LIABILITY OF ACCRUAL OF INTERESTS.?
ajay sethi
(Expert) 30 September 2012
you will have to move court against the bilder . to direct builder to deposit corpus of health club as per agreement .
