Society Formation without proper handover
Ours is a 2 tower complex A & B. More than 100 flats approx and almost all sold by builder along with 8 shops. Firstly the builder a reputed one delayed our possession by almost 2.5 years, for A wing and after approx 1 more year B wing got it. All other amenities Water Connection, Garden, POwer Backup, etc, and OC too got much delayed. Talking about A wing we got possession (Termed as Key Handover by Builder in Letter) in July 2014 and many residents have been staying since then, though OC received only in June 2016. For B wing they got possession in 2016 approx and OC in July 2017. Builder is yet to provide few of the amenities promised like Inverter Back up and Society Office. Due to this long delay residents decided not to pay builder any maintenance and the society handover process is also stuck. though we have paid 1 year advance maintenance to them Now the builder has been following up with us for society formation since past 1 year but residents are not ready as they want them to complete everything 100%. A couple of few members have gone to court too and their cases are ongoing and they are of strong opinion that all should move court too. Due to this there is no common grounds achieved whether to take handover or not. Now the builder is planning to stop all services due to which we will be in trouble as we are also not collecting any funds due to non formation of society.
Please suggest how do we go ahead - whether we shall agree with builder and make the society or we shall make an owners association and then fight and maintain building simultaneously. or if any other solution.