Hi, We have finished 1st-one year with the builder's maintenance team. Now, its time for the residents to take over so that the builder can exit. Now the builder is refusing to show any financial record of collection and expenditure. Whereas, as per RERA residents rights the builder has to keep his books open for scrutiny by the residents for the period maintained by the builder (Ref Economic Times RERA - Maintenance Charges ). As buyers, what are our options ? Please help. We look forward to your reply. Many thanks.
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1) builder is bound to furnish audited accounts of amounts recovered from each member, expenses incurred for maintenance
2) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to furnish audited accounts , amount collected , break up of expenses incurred till date
3) also seek litigation costs and compensation for mental torture undergone by you
1. It was a old construction project then RERA is not applicable here.
2. Howeevr if most of you have done your registered sale deed then take delivery of the maintenance charges form the builder and start your own association.
3. the builder cannot refuse the ahndover the maintenance work once you form the necessary association.
RERA will be applicable on this building project so builder is bound to show all the details including financial records. you should file a complaint before the tribunal and ask all the details. if builder refuses to produce such details he shall be liable for fine. tribunal has power to recall such details by issuing summon.
You can issue a notice informing that you are ready to form an association and once it is formed, the builder is required to handover the apartments with appurtenances and the all other relevant records including the accounts of the maintenance amount etc.
The builder is not bound to answer the individuals, but he is obliged to submit the accounts to the association, hence you first form the association as per law, get it registered and demand the records from the builder officially as per law and other latest regulations.
