Accounting opening by proposed housing society
I am resident of Kharghar, Navi Mumbai. Our society is yet to be registered by the builder. The builder has collected hefty amount (Rs.100/- per sq.ft) last year but till date he has not done society formation and conveyance citing the reason that some members are yet to pay conveyance demanded by him. As per our knowledge, only 4-5 members have not paid. In the meantime, one year free maintenance is over and the builder is demand 6 months advance maintenance charges Rs. 4.20 per sq.ft. to maintain the society. Since all the residents (50% occupied) are not interested to pay to the builder, we have decided not to pay maintenance to the builder and collect the money from members and maintain the society by ourselves. An adhoc committee has been formed in a meeting held recently. However, in the adhoc committee, there are 2 -3 members who have not paid conveyance and the builder is objecting for this adhoc committee. In this situation, please let us know whether;
1) Forming adhoc committee with defaulters (defaulters in the mind of builder) is legally valid. Whether defaulters can run the adhoc committee.
2) Whether this adhoc committee can open a bank account in the name of proposed society. Is this legal. The bank has already opened the account in the name of xxxxxx CHS Ltd (Proposed).
3) Whether will there any legal objection from builder, if we collect money to maintain the society.
4) The builder has already issued a letter that maintenance is not his responsibility from July onwards.
Please advis
Asked 8 years ago in Property Law
Religion: Hindu
1) As we have not called a general body meeting and no chief promoter was selected, still do you think the proposed account in the name of the proposed society is legally tenable in the eyes of the registrar of cooperative societies.
2) Builder is delaying formation of society/conveyance because there are 4-5 members not paid conveyance amount. Rest of the people paid conveyance amount one year back. Can the builder delay the formation of society and conveyance in this case.
3) Whether the 2-3 residents staying in our society and not having possession letters can be part of adhoc committee. Can they run society/maintain bank account of the proposed society as adhoc committee members or shall we need to change these members with members having possession letters.
4) can we file case in the consumer forum against builder for delay in formation of society/conveyance in this case
Asked 8 years ago