• Maintenance stopped by the builder

We live in a residential complex which have part completion certificate. Boundary wall and peripheral road is still to be constructed.
Builder is maintaining the complex for the last 4 years and residents are paying CAM.
RWA not yet registered.
1.Can the builder suddenly stop maintaining the scoceity?
2.Can they ask suddenly the residents to take over the charge of the maintenance of the scoceity?
3. What the residents can do if builder stop paying vendors like security, housekeeping etc due to non payment of CAM by few residents when most of the residents are paying?
Asked 12 days ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Builder has to form cooperative housing society of all flat owners

 

2) furnish audited accounts call for AGM and hand over running of society to flat owners 

 

3) issue legal notice to builder to form society, furnish audited accounts 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Yes but in that note have to deliver maintenance account/corpus with audit report to residents. If any resident dose not make payment, common usage shall be barred to him.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1.  IF the Flat-Owners /Residents have taken over "possession" of their properties, THEN too the builder is legally liable to maintain the property, till formation /registration of the Society /Association.

2.  Residents can themselves also form their own association and maintain the Society.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

If majority of allottees have booked their flats then within three months of such booking, association of allottees shall be formed subject to any restrictions by local laws. 

Builder shall also enable the formation of the association

Builder shall be responsible for providing and maintaining the essential services on reasonable charges till the taking over of the maintenance of the project by the association.

If builder fails to act in accordance with the above complaints can be lodged with RERA for necessary directions to this effect.

 

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

If completion certificate is not provided by municipal corporation than builder can't handover the building to society's members. 

 

Its builder duty to keep doing maintenance of all the building as he has taken one time maintenance from each flat owners.

 

You can make complaints in the RERA and consumer forum and registrar of the society.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

1) Builder cannot arbitrarily stop maintaining  society.

2) He cannot suddenly ask residents to take over. Firstly society has to be formed, followed by handing over process sharing all accounts etc.

3) If he  does not follow above, issue notice for formation of society, sharing of all accounts by conduct of General Meeting.

 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

The builder has to compulsorily register the resident welfare association and after 2 years of operation for the maintenance of the society incase the residents wants have to transfer the society to the subscribing members at the resident welfare association however in your case the builder was maintaining the society and is in default after registration of resident welfare association and accordingly the residents have not taken any initiative to register the resident welfare association with register of societies increase the cam charges has not been paid by the residents to the builder he can stop the maintenance of the society at any time as per his convenience as the residents are in default of payment of CAM charges to him in case residents have paid the can charges and builder have stop the services then you can file criminal complaint with the police station and you can file a complaint with the consumer forum for consumer commission as the case may be depending upon the value of the cam charges and at the same or at the earliest the residents have to form the resident welfare association and get it registered with the register of societies which will enable them to collect the cam charges and take over the maintenance the resident welfare association so so formed will be able to open the bank account and make the bye laws for its own operation model bye laws are available for immediate adoption and father amendment can be done if passed by members in AGM

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

The builder cannot hold possession of the building for a long time after completion of construction of entire flats, especially not beyond two years and the flat owners have to form an association within that period, upon which the builder has to hand over the entire charge to the association including accounts the corpus fund held by him and other contingent funds.

If members feel that the builder is cheating them approach RERA if the project is rera registered. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

1. Builder has to form society and handover charge of maintenance to.society.

2. He can form society and can ask members to take charge.

3. If service is discontinued then you can file a complaint before consumer court for deficiency in service .

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

1.Can the builder suddenly stop maintaining the scoceity?
IF HE HAS ALREADY COLLECTED CAM FROM THE FLAT BUYERS, THEN HE WILL HAVE TO ACCOUNT FOR THE SAME AND PAY OVER TO THE VENDORS

2.Can they ask suddenly the residents to take over the charge of the maintenance of the scoceity?
IF THE REQUISITE NUMBER OF FLAT BUYERS TO FORM A SOCIETY ARE PRESENT, THEN THE BUILDER IS OBLIGATED TO FORM A SOCIETY OF FLAT PURCHASERS. IF HE DOES NOT FORM SUCH A SOCIETY THEN THE FLAT BUYERS CAN THEMSELVES REGISTER A SOCIETY AND TAKE OVER THE MAINTENANCE CHARGE FROM THE BUILDER. TILL THE LAND IS CONVEYED TO SOCIETY HOWEVER IT IS THE BUILDER'S DUTY TO MAINTAIN THE PREMISES USING THE CAM COLLECTED FROM THE BUYERS. BUT SINCE HE IS NO MORE KEEN TO MAINTAIN, IT IS ADVISABLE THAT A SOCIETY BE FORMED AND MAINTENANCE AFFAIRS BE TAKEN OVER BY SUCH SOCIETY

3. What the residents can do if builder stop paying vendors like security, housekeeping etc due to non payment of CAM by few residents when most of the residents are paying?
IT IS FOR THE BUILDER TO INITIATE ACTION AGAINST THE DEFAULTER RESIDENTS. IF BUILDER HAS NOT YET CONVEYED LAND AND BUILDING TO SOCIETY OF FLAT PURCHASERS THEN HE IS LIABLE TO MAINTAIN THE PREMISES. HOWEVER IF THE BUILDER IS NOT INTERESTED TO MAINTAIN THE PREMISES THEN NOTHING ALSO STOPS THE RESIDENTS TO FORM A SOCIETY AND TAKE DEEMED CONVEYANCE ORDER FROM COMPETENT AUTHORITY AND THEREBY TAKE COMPLETE CHARGE OF THE PREMISES FROM THE BUILDER. ONCE THE SOCIETY IS IN CONTROL IT CAN INITIATE LEGAL ACTION AGAINST THE DEFAULTER MEMBERS

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

No builder cannot stop the maintenance of society till registration of RWA in society.

Yes he can give notice for take over the maintenance of society to residents but cannot do it suddenly.

Residents can form RWA and take over the maintenance resposibilty and demand maintenance for unsold flats from builder. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

1. Residents can take him to consumer court and demand compensation. 

2. It depends why the builder is doing so. 

3. Send notice and approach consumer court. 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer