Sir/Madam,
I had booked a flat in Mira road in Jan '09 and was promised posession in Feb '10. hwoever got posession only in June '11 after we had to force the builder to give us posession as our lease was expiring and we did not want to extend the lease. The builder as yet has not given us the posession letter.
It has been almost a year and a half that the builder has given posessions (with and with out posession letters in some cases) - and has not completed the work in the common areas. Now the builder is harassing us to take over the society - he has not obtained the OC.
At the time of sale the builder did not tell us that the club house and the gym will be controlled by him yet he collected 1 lac per flat as life time membership - but now he is asking for monthly fees per family as usage charges and is not willing to handover the gymn and club to us, as he has plans to give the gym memberships to another two buildings in the area even though the gym and club house is on our premises.
He is also asking for maintainence saying that we paid for only 10 months and we need to pay the amount to date other wise he will stop paying for electricity and water and other essential services like housekeeping and security. This he says is because now he wants us to take over the society - even though the common and some individual flats work is still pending. We are scared that if we pay the due maintainence he will pocket the amount and show false expenditures - as he says he has exhausted all the money we paid as maintenance
My questions are :-
1) Can the builder keep control of the Club house adn gym if it is within our premises?
2) Can the builder ask for maintainence dues - (in cash only - is not accepting checks) even though we were determined to take the society as and when the builder completes all the work? He also says there is no corpus left as he has spent all the money on the society
3) Can the builder stop paying for essential services - ie electricity, water, housekeeping and security just to armwrestle us to take over the society without completing the common and individual flat's issues - most of which started well before 10 months of possession for which he had taken the mandatory maintainence.
thanks in advance
SJ
