Builder delaying completion, not forming society

you han't specified whether the uncompleted portion consists of ur flat or other member's flats. consumer forum would not be the right forum to approach since you got ur flat's possession. However, you may alongwith other members send a legal notice to the builder and call upon him to finish pending construction since common construction concerns all the members and the builder should be sent a collective notice.

You should have refused to take possession if the work was incomplete. You may take civil action.

Thanks, but Builder never acted funny till recently, so we didn't suspect anything wrong. Can you please elobrate on 'taking civil action'? 

first send him a legal notice to complete the work after giving notice  if the builder does not turn up , get engaged a mason by your self  and get the work completed and demand the amount you have  incured for completion of the flat before the consumer forum, and in a civil court for a breach of contract in not completing within the time  he has assured.

this in continuation to my reply that you can file civil suit for breach of contract without appraoching the consumer forum after giving him a notice. In a breach of contract you can claim damages or you can send himj to civil prison.

 Builder is not responsible for forming a society. It is the flat owners who are responsible for forming into society and getting the society registered. After forming into society the president or the secreatary can issue a notice/can send a legal notice by engaging  an advocate to fining / complete the completion of the flatswithin the time stipulated by the builder. You can engage a mason by your self and get it completed and direct the builder reimburse the money  along with damges for mental agaony or you can file a civil suit in a civil court for recover of the  same along with damages.

Hi,

I am representing a freshly constructed building in Pune consisting of 35 flats in two buildings. All the flats are now fully ocupied and builder has stopped paying all the society maintenance expenses abruptly since 1 Sep 2010 without formally informing the society members and is yet to form the society. The builder had the responsibility of all the expenses towards maintenance of the society for 1 year, as per our verbal agreement during the time of purchase of the flat, for which he charged us Rs. 10,000 in cash, which ended on 31 Aug 2010, but was supposed to bear the expense of society formation which we believe is now been conveniently neglected by the builder, as the builder is not heeding to our request for a meeting to discuss on this matter. Please advice on the following from legal aspects:

- 100% of society members are ready to take the legal route to form the society irrespective of the builders co-operation, can we go ahead and apply for society registration independently with consent of all society members?

- We feel, the builder wont support us in the formation of the society as he is planning to increase the FSI through construction of additional flat in the fifth floor of A building, 3 flats are constructed with a provision of 1 more but (not sure of the actual reasons) the builder claims he hasnt received permission for additional construction, but is in the process of obtaining the same and will construct the remaining portion eventually.  Also Building B has four floors and he had provisioned for six floors as per the initial prospectus. In light of the above aspect can the builder create hurdles for formation of the society?

- Builder has charged all members Rs. 10,000 towards society maintenance for one year in cash without providing any documented proof for the same. Can the flat owners have any legal right to ask for the maintenance expenses made by the builder during this one year?  Also can the builder abruptly stop all payments to society common services for which he was paying for one year without formal intimation to society members in writing and without initiating the society formation process?

- Some of the local lawyers we have consulted have adviced us that we can form society irrespective of builder involvement, and have quoted the cost of society formation in the range of 2500-3000 per flat member (i.e. for society of 35 flat members). Can you guide on the prevalent cost range in Pune for  conducting such legal work?

Thanks & Regards.