Inferior lift installed by builder

Madam,

Time is an essential factor, please inform the age of the construction and the installation of the lift. Whether a Co-Operative Society is formed and registered? Whether the Society has taken charge from the builder? if so, when? Whether a conveyance of the property is registered in the name of the society?

Kishor Mehta

Whether any Holding Organization/Maintenace Agency is formed or not? Whether the charge is taken up by such Holding Organization/Maintenace Agency? 

Sumit Kumar Arukia

Dear Advisor,

Building is constructed and completed in the year 2004 and the lift is also erected in the year 2004.  Further occupants went ahead and formed the registered society and the builders refused to form the society and enter into conveyance deed.  Till to date the conveyance deed is not there and the registered society is there and the builder never co-operated in forming the society and occupants themselves managed the registrar and formed the society.

Madam,

[1] In this instance, it is the duty of the Managing Committee of the Society to maintain the Lift. It has to enter into a service contract for the maintenance of the Lift.

[2] In the matter of the Coveyance deed, it is mandatory for the builder/developer to execute a Conveyance deed once the Society is formed and registered. Your society can approach the Consumer Forum to force the builder to execute a conveyance deed in the favour of the Society. Alternately, your society can opt for a deemed conveyance, however this is a lengthy procedure. I believe it would be helpful to approace Consumer Forum.

Kishor Mehta