• Unregistered society

We have an unregistered society , we society members are managing the society affairs since Sept 2009.
We have 28 flats and unsold 6 shop in our building.
till July 2017 , all shops monthly maintenance is paid by developers or its directors.
In the month of June developer has extended the shop by putting the shed without informing ad-hoc committee and stop paying the monthly maintenance. we had informed them through 2 letters to demolish the illegal structure , but developer is not responding.
Please suggest/advice.
Asked 5 years ago in Property Law
Religion: Muslim

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15 Answers

Respected sir....

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

Send a well drafted Legal Notice to the builder stating your reasons of discontent

Await for a response for the stipulated time from the other party

On no-response, prepare a petition stating facts and evidences with the help of expert legal advice

Approach the Consumer Court and file your petition against the builder...

Thanku

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

1) if unauthorised construction has been done by builder complain to muncipal corporation

2) if no action is taken by corporation seek court orders to demolish unauthorised construction

2) file complaint against builder before consumer forum and seek orders to direct builder to obtain CC and OC

3) ti foem society and pay maintenance for unsold shops

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

hi,

Considering your facts and circumstances as you are un registered society, you have very limited remedy available as still developer is still looking after the said building due to non receipt of OC and CC.

I would suggest you to lodge complaint with concern ward officer of MCGM, B&F department, regarding illegal construction and extension without proper permission from the local civic body which is causing hindrances to society members as a whole and take signatures of all society members.

for further assistance, feel free to call on

Krinjal S Ahuja
Advocate, Mumbai
16 Answers

4.3 on 5.0

Builder is bound to register the society after sale of flats

It is always advisable to register society

In case builder fails to pay maintenance for unsold units take summary recovery proceedings under section 101 of MCS act

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Hi

Residence Association will not do the work which you expect a Group Housing Society is needed to be registered to carry out the legal procedures related to the legal or illegal Constructions being done by the developers such big projects are needed to be registered first but you didn't got your society registered.

Try sending a legal notice via a lawyer to the developer to demolish the said else you can try filing a civil suit.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Verify if he has violated the plan sanctioned by the sanctioning authority or not.

2. If yes, report the matter to the sanctioning authority as well as your local police station.

3. If no action is taken by the above authorities to demolish the unsanctioned construction made by your builder, file a Writ Petition before the High Court against inaction of police and also the Municipal Corporation who has sanctioned the plan praying for relief and direction upon the said Govt. Authorities to act based on your complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. It is incorrect to take possession of the flats with out OC have been issued by the concerned authorities.

2. With out entering in to the problem of taking possession of flats with out having been issued OC, you, as purchasers of the flats, can take up the matter with police and Municipal Corporation and file the W.P. as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Hello sir , the builder cannot construct additional structure as presented in the brochure or development lay out plan by him .. You can approach civil court and file a civil case of permanent injuction against him.. Till OC is not given it is the duty of builder to provide maintanance for the society ,, in case of his default you can file a complaint before consumer court

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 on 5.0

contact with MahaRERA and MOFA authority to lodge complain against the developer.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

If this shed is illegal and unauthorised, move an intimation before the concerned local authority and seek it's demolition. Any construction, over and above the sanctioned plan is impermissible. Thus, first approach the concerned authority/local body and in case they fail to act, you can approach the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Firstly, go to the contract, but if there is no specific clause for further construction (either permanent or temporary) then straight away make a complain to the development authority like what we have in Delhi by name DDA, and move to high court by filling writ petition of mandamus along with specifying it as a PIL (I have done it in Delhi) you would get relief for sure.

Though you have the option of going to the consumer or civil court but that would take quite a lot time which is not in case of writ petition.

You just have to show that the construction is illegal and creating some sort of nuisance to you people.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Dear Client,

If the society in not registered than have no status in the eye of law and all the members have their individual liabilities.

Monthly maintenance may be enforce through the order of court on the basis of terms and conditions (written) executed with developers, whereas,

developer has extended the shop by putting the shed - Than the effected member can file case, no other members who are not effected with the extension of shed has locus standi to challenge the same,

Except if there`s any agreement that no such extension permitted without the approval of other members or is against the approved developed plan. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In the month of June developer has extended the shop by putting the shed without informing ad-hoc committee and stop paying the monthly maintenance. we had informed them through 2 letters to demolish the illegal structure , but developer is not responding.

Even if it is an unregistered society, since it is acting as a body representing a group of members of the society, it can very well issue a legal notice to the developer to remove the structure or extension immediately or else to face the legal action at his costs and consequences thereon.

After this legal process through court of law can be initiated.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

we do not want to register the society till the time we get CC and OC.

Please suggest alternate option to open bank account. is it possible to have registered XYZ residence association

If my guess is right, the bank may not insist on the registration of society for opening a bank account in the name of the society being operated by its president, secretary and the treasurer.

You may have to attach the copy of the minutes and the resolution passed in this regard and approach bank along with any other formalities in this regard.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

Apply before municipal authorities or go through law of land

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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