• Formation of AOA in Kolkata in an incomplete project with more than 60% flats being registered

We are the flat owners of a large complex at Kolkata with both HIG and MIG flats in the same complex with common Entrance and Exit gates. MIG flats were sold under lottery as per govt terms since the project is constructed on Govt land. HIG flats are sold under commercial terms and have different structures and facilities. More than 60% of the HIG flats have been sold. But even 2 yeas after possession AOA has not been formed by the builder and the representative of the builder is not parting with the documents to the HIG owners who want to form a separate association. He is not parting with the addresses of the owners who are not residing here and whose consents are require. Shall be obliged to know the actions to be taken for formation in the circumstances.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Hello sir , after the builder receives the occupation certificate and the builder handover the NOC to the residents , they can form association .. If the builder is refusing to grant NOC , you can approach RERA bench .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

As more than half of the flat owners requires to apply for formation and registration of AOA,the lack of information to trace them and seek their approval makes your job really difficult.

Unfortunately unless majority of the flat owners join and apply for AOA formation it can not be formed.

it appears all the falt have not been sold as yet.if so then you are at maturity stage to apply for the same

Let all the flats be sold first and then proceed for form AOA .In the present circumstances you are not in a;position to legally apply for the same as well.

However to run the management of the complex effectively in the meantime you can form an ad hoc flat owner association with voting rights and manage the complex on your own.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Please note you need majority flat owners consent to form AOA. You can make ad hoc arrangements to manage the complex with voting rights. In mean while send builder legal notice through advocate asking him to share details or to face consequences in court of law.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) issue legal notice to builder to register association as more than 60 per cent flats have been sold by him

2) also call upon builder to furnish addresses of flat owners to whom flat has been sold

3) file complaint against builder before consumer forum to direct builder to form association

4) also seek litigation costs and compensation from builder

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

If the builder is not cooperating in the formation of the AOA, the residents may themselves initiate steps towards the formation of the AOA.

There is no fetters in the formation of AOA at this stage since the builder has already handed over possession of over 60% HIG flats to their respective owners.

In terms of the West Bengal Apartments Act and the rules framed there under, the competent authority has to be approached for the formation of AOA. If you have any grievance against the builder w.r.t. to his conduct with which he has deal the entire matter, you are also free to make a complaint before the Competent Authority.

Contact a local lawyer to get the needful done.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The members of the apartments who are proposing to form this association should join together and pressurise the builder about this requirement.

If the builder is not cooperating or responding properly, the few members also can join together and form an association and from the same platform can issue a legal notice to the builder to handover the documents pertaining to the apartment complex and all its appurtenances.

After that you can plan to initiate legal action through consumer forum for relief and remedy

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

In such situation the only remedy available to you either approach to the High Court for appropriate directions or to the concerned ministry for necessary directions.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

File a complaint before the consumer forum and thereupon seek direction for the builder so that he may form the AOA at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You can form a AOP for the time being with the flat owners whose names you could already collect and who have already started staying the flats.

2. You can not legally force the builder to give you the names of the flat owners.

3. Was it written in the agreement for buying the flats that the builder will help in forming the AOP to handover the responsibility of maintenance?

4. If yes, then send him a legal notice and then file a complaint case before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice praying for a direction upon him to submit the list of all the flat owners with addresses, pay damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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