• Society Formation not done by Builder

1.Builder have sold 95% flats but not forming society.
2.Out of total flats some are reserved for PMC. But PMC is not paying any maintenance towards it. They have given some flats on rent. Do the builder has right to recover maintenance charges of these unoccupied flats?
3. Builder is charging maintenance at Rs.4 per sqft from PMC flats rented by PMC and charging Rs.6 per flat from remaining other flat holders. What can we do in this respect?
4.Can we claim amount of maintenance of unsold flats of builder between the period after the sale of 60% to 95% flats?
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

Yes builder can recover maintenance for unoccupied flats 


2) maintenance should be equal for all flat owners 


3) only after society is formed can you recover maintenance from flat owners 


4) issue legal notice to builder to form society 


5) file complaint against builder before consumer forum and seek orders to direct builder to form society, pay compensation for mental torture undergone by you and litigation costs 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

If 95% of flats are sold than you can apply for proposed society. By make application to sub registrar of Cooperative Housing Society.


Later you can ask builder to handover all details of maintenance funds and expenses done till date.


Regarding PMC maintenance you can send copy to concern authority or ask concession in tax amount of rest of the members.


Yes, you can ask maintenance from builder for rest of unsold flats.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Dear Sir,

No, the said builder is not eligible to claim maintenance before the completion of the total facilities. First he is required to complete everything then he can ask for the maintenance charges. Also, if you want to, then you can file a complaint in the consumer forum for deficiency in services.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

You all can also form society. You can challenge the builders act if illegal before dy regsitrar and consumer court. Yes it can be claimed on unsold flats

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Please file a complaint before the Registrar of Societies.


the authority Registrar of Societies has the power to take action against the builder or you may seek the permission of the Registrar of Societies to farm a society by filling the memorandum of society.

Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

You have to intimate the builder via Letter and give him a particular time period to form the society and if he fails to respond, then you can form a Deemed Society.. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

1) Immediately, issue notice to the Builder and demand him to form the Society under intimation to you.

2)  Builder  can recover the mainteanance.

3) The maintenance to be  charged equally.

4) You can claim maintenance after formation of Society.

In order to get the issue  moving, you issue notice to the builder to form society, if he fails to do so, you can file complaint before consumer form and seek directions to form society and handing over of accounts.


S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

A society must be made by you and the builder should hand over the maintenance to you. If he is not send him a legal notice and initiate criminal and civil proceedings against him.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Refuse to pay him MC on such discriminated rate. Any 10 members can form the society, why dependency on him for this.

Unsold flats MC shall be borne by builder and not from the MC contributed by owners. Recoverable.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

Society formation can be done by residents of society.

After formation of society you can regularise the maintenance of all flats. 

Yes you can claim maintenance of unsold flats from builder 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

 A Co-operative Society can be formed even if the builder does not co-operative. In such a situation a notice should be issued to the builder. ... The consent of a minimum of 60% of the total number of flat purchasers is required to form a Co-operative Housing Society.

Section 10 of the Maharashtra Ownership flats (Regulations of the Provisions of Construction Sale, Management and Transfer) Act makes it obligatory on Promoter (Builder to submit proposal for registration of a Co-operative Housing Society, within a period of four months from the date on which the minimum number of members required to form such a society have purchased the flats. Yes, a Co-operative Society can be formed even if the builder does not co-operative. In such a situation a notice should be issued to the builder. A copy of such notice has also to be sent to the Dy.Registrar / Asstt. Registrar of the concerned ward with a request to call upon the builder to explain his stand on the above and matter. The minimum number of members required to form a Co-operative Society is ten. However societies can be formed with less than ten members after obtaining the permission from the Competent Authority.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

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