Thanks in advance for the help. Let me give you a brief details of the situation we are in and need your help/advice on the same. I am on the committee of a newly completed apartment in Bangalore. The association is not yet registered, and this is the first nominated committee to complete handover and registration. We have been elected more than 1 year back, but have been struggling on handover due to following reasons. Setting context, the builder is good middle tier builder and has done many apartments in past. Our apartment is about 160 odd flats, out of which some 64 belong to the landowner. Association is to be registered under KAOA 1972. 1. Amenities - Few amenities were dropped, few are yet to be completed, few have quality issues. We have been behind him to get these completed for past more than an year, even before committee was formed, but still struggling. As advised, we understand signing DoD and registering association means agreeing to the amenities completion as well. Based on this, we asked the builder to attach an addendum to the DoD mentioning pending amenities and ETA. Need to understand if this would be sufficient. Also, if the builder continues to delay or has quality issues, can we take him to consumer court? 2. Unsold and Landowner Flats - Though builder, and neither landowner has ever shown proofs or documents, we understand than out of 64 odd flats of landowner only 20 are delivered till date and he is paying maintenance for only those. Also, we understand that there is 1 unsold apartment. Given the state, we had asked builder to provide an undertaking from him and landowner for bearing the maintenance for such flats. Builder has been going back on this commitment every now and then. Also, landowner is not committing to paying for all flats as those haven't been delivered to him (his argument seems fair). We asked builder to provide documents of handover, if he claims landowner needs to bear the maintenance, but builder is not yet ready to provide those documents. With 64 out of 160 flats maintenance at stake, we are unsure to register the association, as then entire collection will be on committee as well as we need to pay vendors in full, which means increased maintenance for the registered owners. Need advice on the way out or legal remedy on this. 3. As far as we know, landowner has not registered any flats, but has rented out some 9 and sold some 10 flats out of the 20 delivered to him. If landowner does not register the flats, how do we make him member of the association and make him liable for maintenance? 4. Until all these issues are resolved, builder is maintaining at very high rates and mostly making good profits. Which is as well a reason, he is not looking at providing solutions? Without registration, we cannot hire external company or maintain ourselves. While registering means, landing up with the above mentioned issues. Request to please suggest us with the way out.
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1) if builder fails to provide amenities you can file complaint against builder before consumer forum and seek orders to direct builder to provide amenities mentioned in your agreement
2)register association and claim maintenance from builder for unsold flats . If he fails to pay sue the builder and recover maintenance
3)purchasers of flats from landowner share havevti be made members of association
4)landowner has to pay maintenance for other flats which he has rented out
1) If those 64 and 20 flats which landowner owned is in separate building or its mix with all of you.
2) If it is in separate building than you all can ignore those flat and building. You all can form new association in the remaining building and collect maintenance accordingly.
3) If it is in mix building than ask builder to take responsibility of all flats and as per association act or market value you all can pay maintenance to builder. Don't take any tension of 64 flats. You all can think of yours flat and pay maintenance of your own flat.
1 Yes a consumer complaint against builder can be filed if after repeated requests and as promised he is not completing the amenities. While handing over before completion builder can make an agreement can attach same for completion of amenities.
2. See if the flats are of land owner share and registered to him then he shall bear the cost , if on record otherwise builder shall pay same. Further don't take handover of association till this is decided as this will create burden.
See technically if there is flat distribution/sharing agreement between the builder and landowner based on same you can claim the maintenance from the land owner.
3. See for unsold flats he can ,made member and he needs to pay for all as there flat sharing agreement and no registration is required the land owner can directly sell the flats based on sharing agreement.
4. See the liability of unsold is on land owner then if not given possession landowner will recover from builder not your issue you can claim from landowner the maintenance,
Dear Sir,
For every act of omission or commission there is implied and reasonable period of limitation. Thus the landowner cannot sit idle without selling the flats if he does so then he is personally liable to pay maintenance. Get issue a legal notice and fix a cut off date and claim maintenance. If not paid file a suit for arrears of maintenance.
1. Yes, you can ask the builder to commit in writing about the date of completion of the pending essential works before registration and can add a clause to sue the builder on his failure to keep up his commitment.
2. You may put the responsibility for payment of maintenance charges of those flats on builder if the owner disowning the same for the cited reasons.
3. Land owner can register them only when he alienates the same but otherwise he has to pay maintenance for all those flats in his possession.
4. Maintenance is essential hence you can decide about further conduct after discussing the same in a meeting.
Once you form a society or association you can make him liable to pay maintenance if the same is reasonable and justified. Any agency decided by builder and committee should be with consent of all flat owners and members. if you have issues regarding builder you can go to rera and consumer court
Thank you for the responses. Can you please help quote relevant acts/sections for the builder and owner responsibilities and liabilities. Based on the information, we would like to contact you for sending relevant notices.
See the compalint under Consumer protection Act can be filed along with seeking relief the liability can be ascertained based on promises and deficieny by builder.
You need to contact local lawyer familiar with local acts for issue of legal notice and for filing case against builder
In consumer court its under section 12.
In co-operative court it will be dispute filed like a civil suit in civil court.
Joginder Lal Kapoor vs Girish Chopra And Anr. on 3 January, 2007
You can discuss with our advocate at length on all the aspects that you hav a doubt about this and get clarified about all the sections and acts through which you can send notices and initiate further actions.