Urgent - builder holding on to administration - maintenance issue

Ria (Querist) 11 March 2016 This query is : Resolved
Respected Experts,

Please confirm as to who has to maintain the apartment (eg. painting, crack filling) when the builder is in charge of the administration of the building.

Whether the apartment owners have to bear the expense or the builder will bear the expenses from his pocket??

The builder is not ready to form apartment association and handover administration to owners, since the past 8 years.

Regards,
Ria Rajan

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Ria (Querist) 11 March 2016
By maintenace I also mean lift and generator maintenance.

DR.VEDULA GOPINATH (Expert) 12 March 2016
queriest

Normally in the flat, the following legal process takes place.

1. Land owner and developer or builder shall enter into agreement for the complex construction.
2. the buyer of flat shall enter into sale agreement and the same shall be registered in the name of the flat owner.
3. After completion of the project, the common facilities, maintenance etc. is r3quir3ed to be handed over to a society consisting of all residents or owners of the complex.
4. Thus the flat owners or residents forming as a registered society should take care of the maintenance and common facilities.
5. in the present case if the builder or land owner has not fulfilled his obligations due to defective construction, the society or flat owner can approach the consumer court or civil court for redress or damages or for specific performance.
6. builder will handover the flats to flat owners and owners themselves should form society and builder is not having any part or authority in the formation of the society.
BE GUIDED ACCORDINGLY
dr vedula gopinath advocate/arbitrator
vgnath@gmail.com m09848227926