The better remedy to address above issues is writ Petition before High court
Mumbai based - 6 months and handover pending from builder, PMC is slacking
Western Heights by Adani (Andheri West), was originally in partnership with HDIL, but they probably did Bifurcation and got things sorted and hopefully, HDIL default status won't affect Western Heights buildings. Facts of Case: OC Received in Jan 2019. AMC/PMC formed Aug 2019. Builder (Adani) has not done Handover to our society yet, there is NO conveyance deed also yet. our Provisional Managing Committee (PMC) is trying to get a handover from builder, but no luck yet. Not sure, if something our PMC is missing or if its builder. Our PMC and/or Builder has NOT done any of the following although residents have asked since Aug 2019. IF SOCIETY PMC ARE NOT BEING AGGRESSIVE, WHAT CAN RESIDENTS DO TO GET THIS EXPEDITED LEGALLY? 1. Financial handover from AEPL, 2. Report on structural issues pertaining to our building, 3. Assessment of Shortfall in amenities and a plan to get compensated for the same from AEPL, 4. Property Tax Assessment and actual payout as of the date and the liability per flat, 5. Status of the conveyance deed duly supported with the documents of title whether the same is actually in the name of AEPL and if so, when it is likely to be transferred in the name of WH CHS, 6. Status of all existing contracts and the actual monthly payout by AEPL, 7. List of new contracts awarded and the process followed for awarding the same with the commercial and other terms and conditions, 8. Leakages and seepage issue in the respective flats, cracks being developed in the walls- how these issues are being taken up with the builder/AEPL,
Asked 4 years ago in Property Law
Religion: Hindu
6 Answers
Fi,e complaint against builder before consumer forum and seek orders to direct builder to plug leakages in flats , execute conveyance deed in favour of society , audited statement of accounts , BMC property assessment order etc
If the society is not showing any interest towards the pointed out deficiencies or the pending issues, the residents may call for an emergency meeting of the members and change the provisional management committee if they are not taking any action in the interest of the residents/members.
A meeting can be called for and the subject matters can be discussed at length and a decision can be taken to get the reliefs and remedies for all those irregularities observed
1. For issues relating to Developer /Builder's deficiency /shortfall in amenities /conveyance /leakages etc.... file grievance petition with the local RERA authorities.
2. For issues relating to Handover of Society records & registers & Assets, file petition before the local ward coop. Deputy Registrar.
3. For cumulative aforementioned issues, file grievance petition before the local Consumer Court, against the Developer, for illegal Trade practices, Negligence, Deficiencies, Conveyance, Leakage, Short in Amenities etc.... and claim damages /compensation /interest etc.... for the mental & physical trauma being caused to the Flat Owners.
4. IF Society is registered and IF PMC is hesitant or does not want to comply with the above, THEN even a single /joint /group of individual Flat owners can conduct the above point no. 1,2,3,.
Keep Smiling .... Hemant Agarwal
VISIT:
Conveyance deed is a formality. Once society formed, property owner by society. Ask the builder to hand over MC account if any maintained.
Send him legal notice to hand over charge of every thing related to and documents etc. Failure to which can file civil suit in court for direction.
Short fall in amenities and damages - Leakages and seepage - complain to RERA and consumer compliant.
1. For expedite the matters and deficiency all members should call an emergency meeting and change the committee formed by Builder.
2. Or ask PMC to file complaint against builder in consumer forum and seek directions to complete the pending work For providing all amenities.
3. Also seek compensation for cracks and leakages in the building and direction for conducting repair work.
