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samee ( )     16 July 2019

Builder not handing over the redeveloped society

Hello Everyone,

We really need somebody to help us to get our society back from the clutches of builder. 

Our old society (based at andheri) was redeveloped by a builder and 1st building was handed to us in 2007 and due to litigation on extra space his 2nd building was delayed and was completed two years back but he is not at all handing over the society to us. To manage the building (eletricity, water, sweeper etc.) we have opened a welfare association account with bank but taking advantage of builder not forming the society few members are not paying the maintenance at all. The earlier committee members have mis managed the financials out of that few have died so the others committee are putting the blame on them that they had all the papers and we do not know anything. The development agreement we not share with all the members   during redevelopment. Our property tax is also pending since the society is not handedover to us all the tax liability lies on the builder which he refuses to pay it is during demonitisation period he paid part of the tax and says balance has to be paid by the owners staying since the flats have been allotted to them. We are finding it very difficult to manage the building now. Do not know where to go and how to make people also pay the maintenance. The people are manged the builder. Kindly help us to understand how to tie down the builder so that he handsover the society.

Thanks

Chowdhury.



Learning

 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     17 July 2019

Dear Querist!

 

You need to approach the builder to get the formation of the society and take the handover of the society from him. Failing which you have no choice of taking any action under Bye Laws against the members for not paying maintenance bill.

You may call on 9324538481 for any legal assistance for the society.

Regards

 

Nikita Parekh   18 July 2019

Hello Samedha

You can inbox your email address for further communication

samee ( )     18 July 2019

Rohit

Thanks for your reply

The builder is not entertaining us, he does not meet us neither takes our call. 

Regarding members not paying maintenance very convenienctly they say the society is not formed we will pay only after the builder handsover us the society. So where does the bye law play the role. They are only giving reason for not paying maintenance.

How can we tie as per law to such members & builder both in place 


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