Society Background
· Society is XYZ Phase 1
· Occupancy in XYZ Ph 1 started in 2007
· Plot has about 150 flats
· Current occupancy about 100 with Owners as about 60
Case History
· Time to Time Society residents have communicated with Builder by letter, phone , SMS , e-mail for follow-up of incomplete work and formation of society but the builder response has been very poor.
· In Mid 2010 , residents signed society formation documents and builder received go ahead from Registrar Office , but there has been no progress subsequently
Issues
· Debris from past construction activities
· Delay in Amenities / promised features
· Delay in rectification Workmanship Defects
· Delay in Completion works like painting
· Delay in Society Formation/ Registration
Clarification / Help Required on Society Formation / Registration:
Since builder has shown no urgency to form society. We have consulted some legal sources but 2 diverse suggestions have come up.
1) Go to Consumer Court and ask builder to complete Society Registration.
2) Serve a legal notice to builder for Society Registration and failing his proper response, go to Registrar, and seek to register the society on our own.
In first case, it was strongly advised to attempt formation of society on our own as it would allow builder to launch a counter litigation, which could delay things much longer.
In second case, it was said that, once we go to Registrar , there cannot be any show stoppers from builder .
Need to understand which one of the above 2 approaches would be better / faster / more reliable
