• Regarding the handover of the apartment

I have few questions requesting your clarification:

The Builder has constructed 75 villas in phase 1, out of which he had handed over 58 villas, however the remaining house construction is also about 90% completed. The phase  2 is having 108 villas is still under construction and hand over is in progress. Some of common amenities are same for both phase 1/2 like club house, swimming pool, play area etc. During this stage builder has sent a email stating that he has withdrawn the maintenance of phase 1 since he was unable to collect the maintenance amount from owners, the owners has to collect and do the maintenance. The builder has walked out from the venture without prior intimations. In spite owners repeated mails he has not handed over the project 1 as per the accepted process. The project 1 was supposed to completed in oct-2008, till 2014 he has not handed over to the Association.

Based on builder email we are forced start the maintenance by forming an ad hoc committee, opening of bank account. We have also collected exigency fund of Rs. 10000/ from more than 30 owners. Since builder has not refund 25000/- corpus fund.

Request for legal clarification:

1. Can we form an association in the same name which is being run by the builder for collection of maintenance money from phase 2 owners.... say XYZ owners association without obtaining NOC Or proper hand over letter from the builder.

2. Whether he can claim any right on this owners association of phase 1 owners to demand money, since it was not handed over.

3. Can the owners raise the demand for not handed over houses in phase 1.

4. Though he has promised in email that he will pay the short fall money of maintenance amount directly to the Association, however he has not made any such payment till now in spite of demand. What rights we have legally.
Asked 2 years ago in Civil Law from Hyderabad, Andhra Pradesh
1) issue legal notice to builder to complete construction of remaining villas in phase 1 

2) it is responsibility of builder to form cooperative housing society of villa owners or condominium . 

3) if he fails to do members an form cooperative housing society . 

4) you can move consumer forum against builder for completion of construction , execution of conveyance , providing common amenities as per agreement 

5) also seek compensation for mental torture members have undergone . 

6) builder cannot claim any right on owners association of phase 1 . rather he has to complete work 

7)if builder has not paid shortfall in maintenance in spite of agreement you can seek
recovery of said amount
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
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if builder has made written commitment for paying shortfall in maintenance he is bound to do so . is there any such clause in registered sale deed signed with builder?
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Issue a legal notice to the Builder for not doing the needful and ask him to form the society. You cannot form the society without obtaining an NOC. All of you can collectively file a consumer case against the Builder for such negligence and demand compensation from him. further, you  may proceed to recover the shortfall amount of maintenance by way of legal notice or file a civil suit against him.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. You can issue a lawyer's notice to the builder to complete the remaining villas in phase 1 and to execute conveyance deed. If he does not comply with the notice then move consumer forum for completion of the construction, execution of conveyance deed or in the alternative refund the earnest money paid with interest, compensation and cost.

2. Members are free to form a cooperative housing society.

3. Builder has no right on the owners association of phase 1.

4. The affected persons can collectively move the consumer forum against the builder.

5. If the builder has not honoured his promise of paying the short fall in maintenance you can drag him to the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
first of all contact a lawyer with the agreement and then follow the legal path.

the owners may registered an association/RWA with the name of their choice and perform as per the article of association or bye laws.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If the builder undertook to pay the short fall in maintenance then he is bound to carry out his promise. His failure to execute his promise entitles you to move the consumer forum against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1)A name which is identical with,or too nearly resembles, the name by which a society in existence has been previously registered, may be deemed to be undesirable to be registered.
2)He can not claim any hidden charges unless specifically agreed between parties.
3)Owners' Association can take up the matter and thereby pressurize the builder to hand over the possession to each individual owners and ultimately surrender the title of the building to the association's custody.
4)You can sue civilly for the same against the builder in competent forum.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. If the builder has arranged to form an association of the Villa owners, then you still have the said association. The builder shall have to handover the job of maintenance of the complex to the association,

2. It is after all an association which can not be owned by anyone. The association can claim handingover of the complex containg the Villas to the association for its maintenance,

3.What demand? The owners of those houses will not be the members of the association till they take possession of the houses,

4. Yes, you can send him a legalnotice demanding the said short fall amount. If he refuses to pay, you can file a complaint case before the Consumer Forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can ask for the short fall amount only,

2. If he refuses, file a complaint case before the local Consumer Dispute redressal Forum alleging deficiency in service and unfair trade practice claiming payment of the said short fall, damage, interest and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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