I have purchased a 3BHK flat in Bangalore city from the builder Fortius Infra. The project comprises 156 flats out of which most of them are sold, but occupancy at present is at around 45 to 50 flats/families. I have moved in just a months back. We have also got the Occupancy certificate and registration done. But after moving out we can can find lots of glitches like even after small rain windows starts leaking. Basement/parking lot gets flooded, water pipe in toilets/kitchen starts leaking in some flats. And when all the owners are pushing the builder to take sustaining corrective steps, the builder is just interested in taking short term steps, since he has to maintain the property for the first year. We thought that we will form an association which will give more strength to negotiate with the builder for taking permanent resolutions to the problems the residents are facing. But then we came to know that a month ago the builder has already formed a interim association under 1972 act and by designation few owners of their choice into the office. The office bearers are from the company management itself as couple of them are also owners. Now when we ask them to take our matters and highlight our problems to the builder and get an amicable solutions, then we see that none of the interim association office bearers are interested in doing that. They do not give proper replies to our mails and do not take proper action towards the resolution of the burning problems. All of us have already paid 1 year maintenance fee & 1 more year maintenance fee as Corpus amount. Can we do anything other than requesting repeatedly to get proper solutions to the problems regarding faulty constructions? Can we dissolve the interim Association and forma new one before the election next year(as per builder association election is scheduled on Feb 2018)? Can we form a separate association with legal authority? Can we go to Consumer Court in a group?
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1) residents can jointly file complaint against builder for deficiency in service and seek court orders to direct builder to rectify the defects in construction within stipulated period
2)seek litigation costs and compensation for mental torture undergone by you
3) you can make requisition signed by members and call for EGM to consider taking action for faulty construction and for holding fresh elections
4) consult a local lawyer
1. There is a lot which the owners can do if their requests have not been heeded by the builder. All the aggrieved owners collectively or any individual owner can file a suit for mandatory injunction against the builder to rectify the flaws in the construction and also damages for not providing the facilities promised by him. In this regard a civil suit will have to be filed in the civil court. They can also seek costs of litigation.
2. The interim association can be dissolved by the owners by passing a resolution with majority at EGM.
The interim association formed by the builder as name suggests, it is interim and not permanent, hence you flat owners join together and for an association of your own, register the same and pass a resolution that the interim association formed by builder is dissolved upon the formation of a permanent association.
The new association may demand transfer of the corpus funds and also demand the builder to rectify the faults and damages in the building flats a pointed out by you.
Alternately you can drag the builder to consumer forum for his deficiency in service which is evident from the substandard construction he has made.
