Recoveries of dues
Some of the members in our society has purchased the flats before formation of co-operative society. Apart from purchase consideration purchaser has paid following money to builder based on areas (Relevant extract of agreement is attached).
1. Society formation charges
2. Share Money
3. Legal Charges
4. Water/electricity charges
5. Advance maintenance @ Rs 3 pqf for 12 months
6. Corpus fund @ Rs 15 pqf
7. Development charges @ Rs. 14 pqf
“As per the agreement “ the amount paid by the Purchaser under clause 45 i.e. 1, 3 & 4 is not accountable. The said after deduction therefrom the aforesaid outgoing, deposits, legal costs and expenses incurred inn formation and regulation of co-operative housing society or body corporate and any other matters will be refunded to the said co-operative housing society (CHS) or the boy corporate (BC) as the case may be when it is formed & registered and the property is finally transferred assigned or conveyance to the said CHS or BC…….”.
Society is now registered but the conveyance is pending. For transfer of conveyance individual agreement with flat owner provides following condition. “The conveyance is respect of the such CHS or Society shall be executed simultaneously only after the entire property shall be fully developed and upon vendors disputing all premises in the said property and upon the vendor receiving entire consideration from all allotees of the premises” (relevant extract of the agreement is filed)
With above back ground I would like to know (1) whether society or individual owners can get the refund of any of the additional amount paid?; and (2) whether can society get conveyance of the land as all the flats of builders are sold now?
Kindly, advice if yes then how and what is the formalities. In case you need further details please write me at a4apex@gmail.com
