Chs handed over with huge deficit a/c
Sanjay Mote
(Querist) 03 September 2014
This query is : Resolved
Our builder/developer has handed over the society with around 22 Lakhs deficit. They have charged us @Rs.2/- p.s.f as maintenance charge at the time of selling. Total s.f. area of the society is around 84000 s.ft. It is un-audited A/C and as per the MoM of the first AGM it is mentioned as a point that the CHS will appoint an auditor and get the A/C audited. We do not want to audit his A/C, as it may become authenticated. Now, Q 1. Are we bound to get their A/C audited? and Q 2. Why builder kept on spending even after the collected money finished, is the question in our mind? They have even charged for extra facilities they incorporated after the possesion given to most of the flat owners. Extra facilities given like boom barrier, cctv system, biometric entry system etc. Similarly they have charged for every service like plumbing, electrician, earthing expenditure etc. major charges are water tanker charges. If we remove extra charges for extra facilities provided, it is coming out to be 8-9 Lakhs only. As calculated roughly on our own. Thus in any case we will have big deficit A/C. Please advice how to go about it. Builder is considerate in nature. They have asked us to come with objections and sit together and settle the same. But we are afraid, in any case we have the deficit.
Hemant Agarwal
(Expert) 04 September 2014
1. IF Flat-Owners (members) have availed the various facilities and services, that is provided by the builder, THEN logically the Flat-Owners (members) should be paying for it.
2. Auditor is a neutral body and his report will be based on factual documents. Without Audit, the actual carry over figures cannot be determined.
Keep Smiling .... Hemant Agarwal
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malipeddi jaggarao
(Expert) 04 September 2014
Since the builder is considerative, you all members can examine the accounts and find out loop-holes if any before going for discussion. If you could find out loop-holes you have to accept the accounts given by him.
Sanjay Mote
(Querist) 04 September 2014
Thanks Hemanth ji,
Of course we have automatically became users of the various facilities provided without our consent. But, then we have considered it as complementary from the builder and may be his marketing assets for the upcoming projects on adjucent plot of land.
Subsequently, one-by-one all system were not maintained to fully working condition and by the time we took over 3 months back we found every system need to be corrected/repaired. We wrote to builder asking to take back some non-working systems. They offered us to get it repaired. But, repairing also could not bring these system in fully working condition.
My question is little different. Can a builder use the money collected for maintenance use for adding extra equipment and amenities? Isn't it an extra cost (to our society/flat owners) than they have collected initially under the agreement?
Just to inform you, as per agreement they have mentioned that Rs.2 p.s.f. is being taken towards maintenance charge for 2 years. Somewhere reads as provisional.
I read your article. It's very useful for new guys and new society like us. Thank you very much.
ajay sethi
(Expert) 04 September 2014
extra facilities provided by builder are on chargeable basis . CCTV , biometric identification , boom barriers cost lot of money . if builder had not mentioned it in standard facilities to be provided with flat he would recover costs from flat owners
if equipment provided is not functional builder is bound to repair the same . the money collected for maintenance would have been used for maintenance . hence audited accounts are necessary
Raj Kumar Makkad
(Expert) 05 September 2014
As the builder has handed over the management to the society after its formation, he has no role to play and now society has to decide its rules as per its bye-laws.
T. Kalaiselvan, Advocate
(Expert) 07 September 2014
While agreeing to the views by experts above, it can be noted that the liability is on the CHS now, so after auditing the account, discuss the issue on the meeting and arrange to dispersing the liability accordingly.
Sanjay Mote
(Querist) 08 September 2014
Thank you all experts. You all doing good service to society, I.e. showing correct way.
