• Precaution advice required for AOA formation meeting with Builder

Hello Sir/Madam,

We're a team of 6 volunteers from the society who're under discussion with builder towards AOA formation & hence takeover the charge of Society maintainance from him.

We requested him for the meeting & he asked all of us to meet tommorow.

Although this builder reputation is negative & not so good, he also has another project nearby where he called some volunteer meeting to form an AOA in a same manner. But during discussion some debate/argument started & post that builder called police (internally paid by him under the table) & got all team arrested & kept in lock-up for 2 days ! Post that people feared & all proceedings towards AOA formation stopped as nobody is coming forward after that incident & builder is looting all maintainance money at the cost of pathetic services.

Now our volunteer team's meeting scenario is almost same & hence i am thinking what precautions i can do in advance (may be submitting some anticipatory application in police station or any other legal remedy that we can do in advance so that if builder provokes us into some debate then we should be safeguarded in advance !).

Any valuable advice shall be highly appreciated.
Asked 2 months ago in Property Law
Religion: Hindu

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8 Answers

1) install CCTV cameras in meeting 

 

2)do   audio recordings of all proceedings 

 

3) prepare minutes of meeting of discussions held with builder

 

4) seek consultation with any lawyer on the website 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Given the record of builder, video record the proceeding without his knowledge. This will be proof against any mischief by the builder.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

- As per RERA, the builder has to form the Society /association within three months of most owners shifting to the flats.

- Further, a builder’s consent for formation of Association/society not mandatory, but as it is the responsibility of the builder to enable the formation of society and its registration.

- Further, a builder will pay all outgoings until the transfer of physical possession of the real estate project to the association of allottees.

- Hence, the builder cannot refuse from forming AOA Legally .

- Further, if you having apprehension that he may create trouble , then you can lodge a complaint against him as information regarding the formation of AOA. 

- You can file a compliant against the builder before the RERA or Consumer Court.

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

Instead of accepting the Builder's call to arrange for a meeting and get dissuaded with this tactics of threats of police action etc., you may all jointly issue a legal notice to the Builder instructing him to form the AOA as per law or that you will form the same on your own for which he may be held responsible for the consequences and the developments thereon. 

If the builder is arrogant and refusing to accede to the request, you may make a complaint with the RERA against the builder in this aspect and also on the basis of the apprehension of the builder's tactics to threaten you people, you can lodge a formal NC complaint with the concerned police  and seek protection.

If in any circumstance you are forced to attend a meeting, you may clandestinely arrange for recording the meeting in the manner known to you which can come to your rescue in case of implication in any false case at a later stage. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Yes ABA only if you feel any offence of non bailable nature can be filed against you

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Hello,

  1. You can lodge an NCR (Non cognizable report) with the local police about the proposed meeting to form AOA and the description of what happened in a similar situation with the same builder and that in case of such a scenario, you may need help. 
  2. Provide details of what is on the agenda and the likely provocation and the possibility of you being dragged into unwanted charges.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

All the volunteers can hire a lawyer to represent them in the said meeting and the volunteers can join the meeting via Video Conferencing. He won't be able to get the lawyer arrested. 

There is no point in going for anticipatory bail at this point of time.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

If you wish to attend the meeting with the builder, insist on video-recording of the proceedings, in order to preempt any foul play. Please take a lawyer along. The builder's consent is not necessary at all for forming an association. Mobilize the support of the majority of residents and form an association, and start collecting the maintenance charges and running the management of common amenities. Let the builder challenge your action. 

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

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