• Formation of society of villas

We have 16 villas each costing 1.5 cr. Though the builder had promised 32 villas but has constructed only 12 villas having similar front elevation. Ours is a gated area. the builder had taken Rs 251000/= per villa as one time maintenance to be handed over to the society. Total 11 out of 12 villas which he has constructed are occupied. Without formation of society the builder has returned Rs 251000/= to all the occupants. He plans to sell the remaining 4 plots without constructing the villas and the area adjoining the entrance one side for commercial building and other side for high rise flats. My query
1. how do we form a society now?
2. is the builder right in returning the amount collected as one time society fund without paying interest 
3. Is it not the responsibility of the builder to form the society and transfer funds in the society account?
4. how can we stop the builder to sell the plots adjoining our entrance for commercial /high rise residential apartments as this will obstruct our villas?
5. the builder has not made any provision for basic amenities like water,sewerage etc. how can we deal with him. please do give your opinion and advice.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

For all above query is it mention in the sale agreement of your villas and each member of villas. If so than you can make complaint in the RERA office and consumer forum regarding breach of contract.

 

Secondly you can restrict him for selling of the remaining empty plots for commercial use purpose. Instead he can sell as villas only, so the villas quantum can be maintain.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can still form it. If builder taken fund he needs to refund it. You can form if he is not forming. You can't legally stop him if he is not violating any provision. You can go to consumer court against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Builder is responsible fir formation of society 

 

3) file complaint against builder before consumer forum and seek orders to direct builder to form society , provide amenities and restrain him from selling the remaining plots for building flats 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. As per rule , the said builder is responsible to handover the possession of constructed Villa to the society after forming the same. 

- If he refused for the same , then either lodge a complaint against him or form society , if ten members /owners is available .

2. No

3. Yes

4. Lodge a complaint before the Consumer forum 

5. The builder is under obligation to provide the essential facilities to all the owners . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

When villas are built and eventually occupied, a few questions do the rounds within the new community. There are always common issues to be coordinated with the builder regarding teething troubles, maintenance, handover and several such issues. Normally, a group of owners comes together to coordinate on behalf of the community.

Though the forming of an Association or Society is voluntary in nature generally, there is a difference in so far as ownership of apartments is concerned. The difference is primarily due to the inevitable need of a body or committee to oversee the maintenance, upkeep and proper usage of common amenities and facilities which are provided for the benefit of all the apartment owners/occupants.

 

1. The existing owners/members can talk over it and with the assistance and guidance of an advocate form an association as per law.

2. You should be happy that at least the builder had courtesy to return the maintenance amount without any deduction for any reason.

3. If you  think that it is an illegal act of the builder to return the amount by not forming the society, then issue a legal notice, this will attract unnecessary litigation which may stretch for years depriving your peace, hence take a wise decision.

4. First of all you obtain the master approval plan and ascertain the plan obtained for which purpose and whether the act of the builder is legal or not, if not, the yo may give a complaint to the competent authority about this illegal activity and obtain a stay order to stay his intended development.

5. You issue a legal notice demanding all the facilities from the builder and drag him to consumer forum for compensation  for deficiency in service.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If more than 50% of the owners are so willing then it's more prudent to register the association under Apartment ownership Act. 

2. It depends on what has been stipulated in the sale deed/agreement. 

3. Not mandatory. 

4. You have no legal right to obstruct unless construction is raised illegally. 

5. File case before the consumer forum if he agreed to provide such facilities. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Any 7 members can form the society.

Builder returned the amount that is good thing. If he holded the for long Time than it should be returned with interest.

Not mandatory for builder to form society but now buyers can form, no big deal.

Property if registered for residential purpose cannot use for commercial purpose. Either complain to municipality or file injunction suit.

Swerage and water connection are must amenities, if not provided by builder than violation of building bye laws, file consumer complaint.


Also complain to rera

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Ifcthe builder has deviated from the original plans that were approved by the residents and has now given the property for commercial activity then he has cheated you and hence file a case for deficiency in services in the consumer forum.

Moreover he has returned the money without any interest.

File a case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. For incorporating the society for the resident you have to approach deputy registrar of societies and chits for the registration of the society.

2. Since builder has not registered the society and returned the amount of maintenance taken from the property holders you have all the right to ask for interest for the period he has enjoyed the money please also consider that if during that period he has provided maintenance?

3. Normally de interest free maintenance security should be provided to registered resident welfare association accounts as in this case resident welfare association has not been formed for that reason the builder has return the amount taken from the property owners in their own account.

4. The builder must have got the change in layout plant approved from appropriate authority in this regard you have to complaint to the appropriate authority which is in your cases development authority. If you are not satisfied by the action of development authority then you can approach to high court for direction.

5. Again there are no amenities provided by the builder as per the sanctioned layout learn then you can approach to re development authority in this regard for the direction to the builder but in case anything has been promised by the builder through builder buyer agreement you have the right to approach district consumer commission and complaint against the builder for the deficiency in service and claim the compensation for not providing the service along with the legal expenses and compensation.

Please remember to rate this answer if you like it.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. For a group and apply to the registrar cooperative Societies office for validation of rwa.

2. He need to pay the interest. 

3. Yes it is his responsibility, but if he is not doing so than you can.

4. Take permanent injunction over the sale.

5. Specific performance suit against him for providing the basic necessities 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

issue a legal notice through an advocate and file complaint before district consumer forum and seek order to form society 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can form society by making an application for formation of society to assistant registrar coop societies, you can hire an advocate for applying for formation of society.

2. Yes but you can demand interest for period when the money was deposited to builder.

3. No

4. You cannot stop him from selling his land.

5. You can file suit against builder for compensation for not providing basic amenities as promised.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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