Ankur Jindal (Mobility Sales Consultant) 04 January 2013

Builder not performing as per agreement in cghs

Dear Team,

I am a member of Cooperative Group Housing Society in Delhi. The society is recently constructed but the problem is that the builder has not completed the various things as per the agreement between the society and Builder. The agreement betweeaSn the builder was signed almost 10 years back and due to various reasons the consruction was delayed. Builder has fraudently got amendents done to contract by getting the contract amedments signed by members who are no longer members of society in back date, to increase the cost of construction but still has not completed all things.

Is it possible that a case can be filed against the builder in consumer court by an indiviual member without involving the Society directly. As any case against the society would be actually case against ourselves as all the members are equally suffering.

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5 Replies

Chetan Joshi (Advisory/Advocacy) 05 January 2013

Parties to the agreement shall file the complaint....

Regards

Chetan(dot)7679(at)gmail(dot)com

Sonia Saini (advocate) 05 January 2013

Dear Mr. Jindal,

Yes you can intiate proceedings In the court of law against the society management and the society president would be made a party to it.

Regards,

Adv Sonia Saini

9873658554

(Delhi High Court)

sridhar Domala - 9989493740 (advocate) 07 January 2013

your thinking is good, that you dont want to file a case or make the society a party, but without calling the society in the case you cannot win, because the builder will push the burden on society, but if you dont make the society a party you cannot get a correct justice from the court.

Ankur Jindal (Mobility Sales Consultant) 07 January 2013

Thankx for the inputs. I would like to bring to your notice that I am part of the new management team, which has just taken over but the problem is that the old management were fully controlled by the builder and therefore all the agreements signed during that period favours builder. We have very limited room for working for the benefit of the society. Builder is walking away even from the agreement that is in place and just extracting money. Is it possible that I can ask the society (management) to be party (in my favor) in the case, and then file the case in consumer court against the builder? If they don't agree then I would file case against the society.