) Can the builder move out of his responsibility of completion of activities?
Can is the question about his ability to move out.
If the builder is allowed to move out then all his pending works will remain pending for ever, he will not turn back to get them rectified.
2) If a formal owners association is formed by owners as per builder request, will all the responsibility of pending works come to association.
Yes, the builder will dump all the responsibility on the association and will escape from the scene and her cannot be traced after that.
3) What are the documents to be checked & collected from builder while handing over.
There are various document that are to be obtained from the builder.
P1. Property Documents executed between the Landowners and Builders
P2. Approved Construction Plan
P3. Completion Certificate
P4. Occupancy Certificate
P5. NoC from Fire Department
P6. NoC from Electrical Inspector
P7. Clearance to operate Elevators
P8. Property Insurance Document (if any)
O1. Drawings of the Electrical Wiring including Earthing Points
O2. Drawings of the Water Piping
O3. STP Drawing & certification by Architect/Pollution Control Board
O4. Waste Disposal system with approval from Pollution Control Board
O5. AMC Documents – Lift, Generator, Transformer, ApartmentADDA portal, etc.
O6. Invoices and Warranties for all Assets – Pumps, Lift, Generator, Transformer, Pool Equipments, Gym Equipments
O7. Maintenance Schedule for all Assets
O8. Work Schedule of all Staff maintaining the complex
L1. Sale Deed copy/Proof of Ownership of all Owners
L2. Share Certificate Copies for all Owners (where applicable)
L3. Khatha Certificate Copies for all Owners (where applicable)
L4. Car Parking Allocation Record
L5. All Legal Documents executed between the Builder & Landowner (could be same as P1)
L6. Contracts with Vendors
L7. Undertaking by the Builder regarding Indemnity & Limitation of Liabilities of the Society for all transactions prior to the Handover Date.
5) If the builder is not cooperating on completion of activities, how do we go ahead against him legally
He can be dragged to consumer forum for deficiency of service.
6) Builder is not willing to share the statement of accounts of current maintenance expenses incurred. How to go about it.
You have to give a legal notice to him demanding the production of proper accounts
7) Can the builder do the handover without completing activities.
Dont accept it.