Rights agst builderin case of society formation
N. K. Bansal
(Querist) 12 August 2009
This query is : Resolved
Friends,
Please advise me whether the taking over the maintenance of the flats by the housing society will have any adverse bearing on the rights of the flat purchasers to claim pending work done by the builder or the claim of damages under consumer forum. The flats in a 13 floor tower were purchased during construction in Mumbai and also occupied by us. CC was also obtained by builder. Certain work is pending like podium construction for car parking, ground flooring, gas installation etc. Registered AD letters were also sent to them for such pending work duly acknowledged by them. Builder is only assuring but nothing seems to be done. Society has been regd. shortly but no Ist general body meeting could be held as per rules even after expiry of 3 months of registration. Please guide if starting maintenance by society, if compelled by us will not have any adverse effect on our rights against builder. N.K. Bansal
R.R. KRISHNAA
(Expert) 12 August 2009
Formation of society or association does not extinguish the individual rights of the owners to question the builder. In case if you think that the society has not been functioning or the society ceased to exist due to any reason (like not convening the general body meeting or any other reason, the owners have their right to sue the builder individually before the consumer forum.
Individual owners may issue notices seperately and if the builder does not comply with it then proceedings under the consumer forum can be commenced.
Manish Singh
(Expert) 13 August 2009
formation of society and taking over the maintainance by the same is altogether a different matter which has nothing to with the agreements between you and the builder.
under the agreement he promised you to provide a flat with all the amenities, so you are always free to take suitable legal action (you can also move to the consumer forum)if the builder breaches the contract.
