1. Yes you can apply to the registrar
2. Yes he can.
3. Registered agreement
Can flat owners become party to Administrator taking over financials from builder
Builders In 1992 constructed and sold 25 flats and 6 row houses. Due to their own differences they could not complete the project of remainder 81 flats. In 2003 builders gave development rights to another set of builders (Builder 2). Family members of first builders are members of the Hsg Society. Land is on name of this society. None of the purchasers has been made member of the Hsg Society. Builders 2 collected one time maintenance from original residents in 2006. And also from people purchasing newly constructed flats. Builders 2 got final completion certificate in 2015. Though a number of jobs are still pending like club house plus the boundary wall he made has collapsed during rains 2 to 3 years back. As the Hsg Society of first Builder is defunct, Builders 2 approached Registrar to appoint an Administrator to manage the society. Administrator has been appointed recently. Now Administrator is in process of taking over the financials from Builder 2. My queries are: 1. Can we residents become party to this handing over of financials? As later what ever administrator takes over will become fait accompli for us. Can we make an application to Registrar to make us a party? 2. Builder got completion certificate in 2015, so obviously he would have (if obtained) Occupation Certificate after that. Can he show expenditure from our one time maintenance collected, for period prior to occupation certificate? 3. How can we ensure that Builder 2 completes all the jobs like club house etc before he exits the project? I know it is a bit complex issue, but am sure the learned lawyers will help me with answers.
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
Builder 2 had sold open Common spaces as parking to few new buyers. And also taken transfer money from few who sold their flats. Can we ask the builder Give us all this money when we take over the financials?
Asked 5 years ago
First of all, does your society registered as per the MCS act.
If yes, then get a election between all flat owners and form a Body and later managing committee accordingly.
That MC will be act as administrative body and can take all handover from the builder 2. So whatsoever questions you all have regarding day one till today of financial, one time maintenance, all expenses, audit reports etc can be talk through this MC.
Nothing is impossible in this world. Only you need to go step by step and complete all question by step by step only, don't mix the all question at a time. Otherwise it will get mess, builder are too clever in this regards.
All questions are though Complex but can be answered after reviewing all vital documents, agreement, correspondence and facts involved in your case since 1992 to 2015 and as of now.
You need continuously consultation with a senior lawyer having specific knowledge about Maharashtra Co. OP. Soc. Act 1960 with Rules 1961, MLRC 1966, Transfer of Property Act, Limitation Act,Lease Act,Specific Relief Act,CPC 1908, RERA 2016, Indian Contract Act and Constitution of India 1949.
I could understand briefly from the facts of the case posted at this Forum that your case is mixture of several statistics and phrases of all the above mentioned Statute which needs serious consideration for answering your question and issues involved with facts of the case and subsequent advice based on Apex Court precedence as of today.
You are not liable to pay any money to builder prior to taking possession of flats
2) builder can deliver possession of flat only after issue of OC
3) file complaint against builder before consumer forum and seek orders to direct builder to complete construction of club house etc
4) seek litigation costs and compensation for mental torture undergone by you
5) you can submit detailed representation before registrar
Builder cannot sell open car parking slots as it forms part of common area for benefit of all members
builder would not refund any transfer charges
1. If you feel aggrieved by this situation or the decisions of the administrator, you can make a representation to the registrar in this regard venting out your grievances.
2. The builder has to show the accounts for the maintenance amount collected so far whenever demanded.
The builder is accountable.
3. If the builder is not completing the incomplete amenities, he can be dragged to consumer forum for deficiency in service and compensation therein.
Builder cannot sell the parking space.
The builder has to handover everything to the association before quitting the project.
Every owner becomes member of society once society formed. You have made payment towards maintainance therefore have same rights and liability of member.
Before OC, MC not maintainable neither can be charged by builder but you have paid it, so same will include part of MC corpus.
File consumer complaint and/or complain to RERA.
Common cannot be sell. Sale is illegal.
Every amount will recover from builder or buyers can demand refund.
1. Since the Administrator has been appointed to manage the society , then being the residents of the said society , you can move an application to the Registrar for becoming a part of the same.
2. Yes, as the Builders 2 already collected one time maintenance from the residents. Builders are under obligation to provide before the administrator all the details of collected charge from the buyers.
3. The said Administrator has been appointed to check the work of builder also , and if the builder fails , then you having your right to approach the Registrar and Consumer court as well on the ground of deficiency of services.
- As per Supreme Court , builder cannot sell the common space , if done son , then he liable to pay damages .
1. Yes.
2. You need to first see whether oc has come.
3.you can go to consumer court
1. the administrator will take over regardless of the purchasers being of the 1st or 2nd builder. He will take the entire society management in his control
2. whether the money is collected before or after OC, the builder will have to account for it
3. the society through the administrator will have to file a civil suit against the builder for completing the pending works
4. open spaces cannot be sold. But builder can charge transfer fee. However the transfer fee can be charged only when the purchasers would have sold their rights in the under construction flats and not completed flats
Dear Sir,
You can very well submit the application and become party to the handing over of the financials. Whatever the builder does, you may witness and if something contrary to law, that can be objected. The builder can can submit the maintenance of previously built flats. The builder 2 is bound to complete as per the project approval and he should clear all the financials.
The car parking is a part of the society's common area which cannot be sold. The builder has no right to charge for this space.
1. Yes you can make application but registrar will appoint administrator till elections of society is conducted.
2. Yes.
3. File suit against builder before RERA or consumer forum against incomplete project.
