• Developer not forming society

1. The OC for our Building has been achieved in 2009

2. Our premise has a vacant plot where the developer plans to build additional complex

3. He has written in our agreement that he intents to form the society once the second building on the vacant plot is complete

4. The current building has 18 units (14flats + 4shops). the developer has sold only 8 units, the rest our unsold (in developers possession, unoccupied, not even rented)

5. The developer is not contributing to maintainence, its becoming difficult to manage the affairs

What are our legal options
Asked 2 months ago in Consumer Law

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6 Answers

Builder is bound to pay maintenance for unsold flats 


issue legal notice to builder to form society 


file complaint against builder before consumer forum seek orders to direct builder to form society 


also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94649 Answers
7522 Consultations

5.0 on 5.0

You can form society yourself. You can also file consumer complaint against builder to recover maintenance 

Prashant Nayak
Advocate, Mumbai
31905 Answers
179 Consultations

4.1 on 5.0

Without a registered resident welfare association in place it would not be legally possible to demand the maintenance charges from the builder in individual capacity.

All the eight owners can form and association and get it registered.

After that you can demand the maintenance charges from builder for the appartments in his possession, failing to comply with the demands made, the association which is a legal entity can take legal action to recover the same from the builder.

T Kalaiselvan
Advocate, Vellore
84849 Answers
2184 Consultations

5.0 on 5.0

The available owners can for the time being form one informal association to take care of the maintenance activities.

Refer t the deed as regards duty of the Developer to maintain the complex till society is not formed.

If there is violation of such terms you can lodge complaint with consumer forum. 


Devajyoti Barman
Advocate, Kolkata
22810 Answers
487 Consultations

5.0 on 5.0

- As per RERA, the Developer/builder has to form the Society 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 to form the society and to maintain .

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

Mohammed Shahzad
Advocate, Delhi
13189 Answers
197 Consultations

5.0 on 5.0

Dear Client, 

If homeowners' quality of life is impacted by the builder's delay in transferring over maintenance, file a consumer court lawsuit alleging service deficiencies. Present proof that the builder has not followed through on his or her end of the contract. RERA states that up until the time an apartment is sold, the builder bears the responsibility for maintaining it; after that, the buyers bear this additional cost. Laws also do not mandate that society pay the specified maintenance charge for unsold apartments. You can reach out to our firm for the same. 

Anik Miu
Advocate, Bangalore
8821 Answers
110 Consultations

4.7 on 5.0

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