Society formation

SRY (Querist) 07 December 2013 This query is : Resolved
Dear Sirs,
We are a 2yr old society in Pune. We are facing problems with a variety of systems installed by the builder. His work to rectify is in progress but he also wants us to sign documents regarding society formation. We are hesitating to do so because residents feel that it is safe to 'NOT FORM' society now till he finishes all work.
I want to know -
1. Does the builder's responsibility cease as soon as the society is formed?
2. Are we doing the right thing by not allowing the society to be formed?
3. Can the builder take action against us if we do not allow him to form the society?
We just want all problems to be resolved before we allow him to form a society.

Thanks in Advance.
Sanjay

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Devajyoti Barman (Expert) 07 December 2013
1.yes
2.yes
3.no
Solution of your problem has nothing to do with formation of society.

SRY (Querist) 07 December 2013
Dear Sir,
1. If we ask him for an 'Undertaking' mentioning that he will finish all pending work & we form the society based on that undertaking. Will the undertaking help incase we file a suit in consumer court?
2. Can the builder stop all pending work and leave the society without forming a society?

Rajendra K Goyal (Expert) 07 December 2013
Repeated query:

http://www.lawyersclubindia.com/experts/Benefits-of-forming-a-housing-society-439331.asp#.UqMBDeKLq_J

ajay sethi (Expert) 07 December 2013
you are making a big mistake . you should permit formation of society . liablity of builder remains in event of defects in construction . you can move consumer forum for deficency in service aginst the builder