Builder threatens to run away without formation of society
Gera Developments Pvt. Ltd (GDPL), developer of Gera's Astoria, a 224 apartment complex in Goa is threatening owners that they will stop management and maintenance without a society in place and formal handover. The builder is collecting maintenance funds from owners, and have been managing affairs for past three years. However, they have not been able to form a society, since there is dispute on the 'co-op housing maintenance society' unilaterally decided by GDPL. Formation of such society requires 51% sale deeds, which has not been executed by majority of owners. They believe that a true co-partnership 'co-op housing society' is mandated by the agreement of sale (which specifies that land and buildings will be conveyed to the society) and will be beneficial in the long run. What civil & criminal legal actions can the owners take against such an errant builder who has no respect for agreements and is willing to put the safety and security of the building and its residents in grave danger with consequent stoppage of all services and maintenance?