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krishnakumar iyer   16 July 2023

Query on society registration

dear sir

i have purchased a flat in the year 1994 from the builder , stamp duty paid and agreement reigstered . this is small building

having only 7 flats, the developer of the building has his bunglow before which was developed into a small building. the ground floor and part of 1st floow was occupied by one brother and the 4th floor was occupied by another brother. apart from my flat rest of 4 flats was occupied by their relatives .  i am only the outsider who is occupying one flat in this building . the ground floor and the 4th floor flat was registered in two different flats and also my flat and his uncles flat was registered as two flats so total registtrered flats are 11. at the time of buying the builder agreed to form the society etc but as on date i.e. after 20 years also no society was formed. we are paying regular maintenace to the builder for whcih there is no account since last 20 years. things are carraied out as to their will and wish. there is no watchman in the society. my querry is in such as  siutiton what action can be taken against the builder for not forming the socieyt as promised at the time of buying and also ccould i sell my flat . pls guide

 

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     16 July 2023

You can file a complaint before  the consumer forum for deficiency in service but you had not taken any action in all these 20 years though the cause of action arose 20 years ago, hence your complaint may not be entertained.

But that wil not prevent you from taking any legal action on it. First issue a legal notice to the builder through a lawyer and then plan to file the consumer complaint

 


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