1. Yes all of them are mandatory. 

2.  It's illegal. You need to challenge it in court

3. He can't 

4. Yes you can

5. It can be but residents can do it by applying change of use

Water and electricity supply are essential services . Builder cannot stop water supply 

2)builder is bound to provide amenities as mentioned in agreement 

3) builder is required to obtain OC from muncipal corporation 

4) you can file complaint against builder before consumer forum or RERA seek orders to direct builder to provide amenities as mentioned in agreement , seek compensation for mental torture undergone  by you 

5) builder cannot change user from residential to commercial without consent of other flat owners 

1. So far as question no.1 is concerned it involves knowledge of state laws, hence can be answered only by a Chennai based lawyer.

2. For the amenities promised but not delivered by the builder you can sue the builder in Consumer Forum for deficiency in service.

3. If builder stops water and electricity then complain to police and file a writ petition in the High Court.

4. If you have taken possession of the flat without protest then you cannot seek compensation for delay in delivery of possession.

5. The change to commercial can be challenged by the residents.

1. Provisional completion certificate is subject to the other no objection certificate from various departments and this no objection certificate should be issued to the builder.

2. Maintenance is charged as per the agreement between p maintenance company and the apartment holder in case builder is maintaining the property then it is between the window and apartment holder this has nothing to do if the rate is agreed to  2 rupees per square feet. However you have the option to get the balance amenities as per the builder buyer agreement in your apartment if there is any shortage in agreed amenities you have the option to get compensated for that you have to option to go for one depending upon the value of compensation if it is below 20 lacs you have to approach consumer forum otherwise you have to go to state consumer dispute redressal commission and file your complaint.

3. Windows cannot stop any essential services for any purpose you have to approach to local police station in case electricity and water supply is stopped by the builder.

4. Yes you can claim compensation based on the promised by filing a complaint in respected forum.

5. in case you have any dispute over the change of plan then you have to write to the development authority in this regard and you can get detail by filing right to information application department related to the project approval

Hi,it is advisable to move before RERA and file a complaint under section 11 of RERA act for seeking relief where builder is under legal obligation to abide by the conditions of the agreement 

Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

==================================================================

https://www.icrpc.org/icrpc.org.contact.htm

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

==============================================================================

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

=====================================================================

1. As the title implies it is just provisional and not final. Clearance from CMDA is mandatory. 

3. Send a notice claiming damages and legal action for stopping water.

4. Yes

5. It can be challenged. 

Regards 

G.Rajaganapathy 

High Court of Madras 

1. Occupancy certificate and completion certificate is required.

2. You may issue legal notice for pending amenities and may file consumer complaint for same claiming compensation.

3. He cannot cut water and electricity it is illegal for maintenance he may give notice or file suit but not water or electricity.

4. Yes you can.

5. If builder deviates from the plan the residents may object to same and file complaint.

1. Provisional completion certificate is just temporary, he has to obtain the completion certificate at the earliest

2. You may stop paying the maintenance amount and insist on providing the amenities in order to pay the maintenance amount.

3. You can obtain an order of injunction against him if does so 

4. You first issue a legal notice demanding the compensation, if he fails to comply with the demands made you may drag him to consumer forum seeking relief.

5. If commercial activities are conducted in the residential area or complex then a complaint to local civic body may be submitted seeking necessary legal action against the builder.

1. Provisional completion certificate is not enough. The local body has to give an occupancy certificate.

2. and 3. The builder cannot legally stop water supply.

4. Yes, you may very well do so.

5. Yes, complain to CMDA with proof.

1. No, as per the Tamil Nadu Real Estate Appellate Tribunal , provisional completion is not sufficient , and NOC from the Environment, pollution, FIRE from builder. Is also mandatory

2. Stop to pay maintenance to the builder .

3. No, builder cannot stop the necessary asininities legally. 

4. Yes, you can clam the same after filing a complaint before the consumer court

5. It cannot be possible without getting appeal from the concerned department , and hence resident can lodge a complaint before the RERA or before CMDA.

1. Yes.

2. Without completion of the amenities he can't demand but after completion can so write him in the same way and already paid amount shall be adjusted in the balance amount to be paid.

3. If he stopped then file a case before the consumer court and also file a FIR for breach of contract plus move an application before the RERA.

4. Yes.

5. Yes.

Dear Sir,

The provisional completion will not serve the purpose and the due NOC is to be taken from all concerned departments. The builder is liable to be sued for not complying the agreement and also no essential services can be stopped. You may claim for mental agony and you may also challenge the plans of the making the block as commercial. 

Yes, CC and OC are must. No environment clearance needed for construction on 20,000-50,000 sq meter area.

NO MC payable till OC not issued.

Essential necessities cannot be stop if MC not paid. And builder is at fault for not providing full amenities. 

Yes, consumer complaint.

Residential building cannot be use for commercial purpose.

File consumer complaint.

1. Fire, Pollution etc NOCs are to be taken by the builder not by you.

2. Serve him with a legal notice to do so.

3. Legal Notice. 

4. Yes, file complaint in consumer court. 

5. Can be challenged and objected.

1. Yes provisional completion certificate for your building is sufficient.

2. You can deduct the maintenance amount if builder is not providing all the amenities.

3. Builder cannot cut connection of basic amenities like water and electricity etc. 

4. Yes you can file a case against builder in consumer forum.

5. Residents of that building can raise objection for commercial use of building for OYO residential. 

As a first step i suggest you to first issue a legal notice to the builder narrating his deficiency of service in handing over your flat on time and thereby cause damages to you. Thereafter it is advisable to file a consumer complaint before the Consumer Disputes Redressal Forum against the Builder 

1. As per the information mentioned in the present query, makes it clear that you are not even aware about the required NOCs from different authorities and also that the builder is trying to change the nature of the property from residential to commercial at per se.
2. I would like to apprise you that the builder can’t change the nature of the property.
3. Also he should have the required permission otherwise will be imposed the penalty and the same you may have to pay or sometimes, demolition order may also get passed.
4. So, now or later, if you may have to approach the court of law to get it cancel, I would advice you to go now and ask for the refund before the state consumer forum.
5. In this way, if builder wish to complete the work then he would do it and also he would get to have the permissions also before the court of law, making you more precise with your decision.