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Formation of maitanance society/company

Querist : Anonymous (Querist) 14 January 2012 This query is : Resolved 
1 Without obtaining completion certicate from jaipur development authority/municipal corporation, a building GRAND GEEJGARH BY mangalam group ,constructed in partnership with vendor,(owners of land),Builder group had handed over building to a company exclusively owned by vendor for needful maintanance. 2. BUILDER LEFT BUILDING IN INCOMPLETE SHAPE AS SEVERAL OF COMMITTMENTS MENTIONED IN BROCHURE/MEDIA/COMMUNICATIONS ARE NOT FULFILLED TILL TODATE.BUILDER IS EVASIVE AND RATHER INTIMADATIVE AND THREATENING ON THIS FULFILLMENT OF COMPLETION OF INCOMPLETE WORKS.Vendor is partner of builder in many other projects,and thus not helpful,rather befooling residents with hand in glove together.3 A sum of two lakhs,one lakh for maintanace deposit and one lakh for health club corpus was taken,which is with builders,vendors,and exclusively personally owned company of vendors. 4.Maintanace billing is sent with nil transparency. OFFICE EXPENDITURE OF EMPLOYEES RENDERING PERSONAL SERVICES TO VENDORS ARE INCLUDED IN EXPENDITURE. A generator is placed for general services,with four connection given to flats of vendor and chargeability of expenses from all residents 5 builder had sold some of superbuilt areas and roof portion,illegally 6. BUILDER have sold common areas approved by JDA, as parking to some residents. 7 All problems are there because builders lobby in general and MANGALAM group with Geejgarh house as vendor are powerful with GOVT. .MOST OF RESIDENTS ARE SENIOR CITIZEN SCARED OF TAPPING THE DOORS OF COURTS. IS THIS MENANCE OF BUILDERS(BUILDER-VENDOR) CORRECTIBLE . A COMPULSORY STATUTORY GUIDELINE AND MANDATORY APARTMENT ACT TO TAKE CARE THE RESIDENTS IS A DIRE NEED.CAN LAWYERS INDIA TAKE A LEAD? EXPERTS GUIDANCE SOLICITED
ajay sethi (Expert) 14 January 2012
if builder has sold common areas , failed to complete construction in time , aold parking slots then the falt owners have a remedy .

you cna move the consumer forum for deficency in srvice . the flat owners can claim compensation for shoddy work done .

you can ask builder to furnish complete staement of account for exepnditure incurred in maintenace .

in thr event builder fails to furnish the same you can claim appropriate reliefs from the courts
Deepak Nair (Expert) 14 January 2012
Yes. You can approach the consumer for rum for remedy against the deficiency in service and unfair trade practice by the builder.
Devajyoti Barman (Expert) 14 January 2012
Complaint lies before the Consumer Forum for proper redress.
Raj Kumar Makkad (Expert) 14 January 2012
In the given matter, you can also move to the municipal authorities to cancel the license of such builder who has openly violated the site plan. Municipality has got legal right (JDA) to demolish such illegal constructions made by builders. Consumer forum can only award compensation but your real problem is that you are losing your own common land for ever due to illegal activities of builder. Compensation cannot meet out your age old loss.
M/s. Y-not legal services (Expert) 14 January 2012
am also feel that, your case is more than an usual consumer case..

just act as per makkad sir's view..

-tom-
prabhakar singh (Expert) 15 January 2012
I agree with wise choice suggested by Mr. Makkad among several options available to you.


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