• Propert tax collected but not deposited by builder

Our builder had collected maintenance in teh form of 12 PDCs and 6 months deposit. This maintenance also included property tax. The builder did not deposit the same with BMC.
Since the residents realised this they stopped paying maintenance. Now the society is formed and the builder has asked the society to pay the property tax for the residents. even for the period which the residents have paid the builder but was not deposited with BMC by him.
1. What recourse do the residents / society have in this situation. 
2. Under what laws and specific sections can a case be filed against him with the police.

Moreover the builder has not completed the fire fighting system and there are lot of leakages and seepages in the flat. Also the basements parking is always leaking with water from the adjacent plot which is under builders control. We are spending laks to dewater the basements during rainy season. How can we take action against him.
Asked 7 years ago in Property Law
Religion: Other

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3 Answers

1.For the default of making the payment to BMC for which you have already made payments the builder is criminally and civilly liable.

2.SO to recover the said money you can file civil suit for recovery of,money. Another good option is to file case in consumer forum where relief is fast.

3.Howeevr to put more pressure you must file case of cheating and criminal breach of trust.

4.Since such case takes sometime you will have make to BMC in the meantime.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1) file police complaint against builder for criminal breach of trust and cheating under section 406, 420 of IPC

2) file complaint before consumer forum against builder and seek orders to direct builder to repair the seepage in flat , provide fire fighting system , to repair the basement parking

3) also seek litigation costs and compensation for mental torture undergone by you

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

The builder has to rectify all the damages and repairs to be carried out and has to maintain the building for two years after handing over possession.

He cannot refuse repair and maintenance.

He cannot seek property tax from owners again.

The residents may issue a legal notice demanding repair and maintenance of the building and also to plug the leakages etc.

He can be dragged to consumer forum too seeking relief.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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