Formation of society with possession of flats
anil kshatriya
(Querist) 29 January 2015
This query is : Resolved
Hello,
I have booked a flat in Karjat and my possession is delayed by almost 30 months even after repeated reminders to builder. Now builder is trying to form a Housing Society without giving possession. Can he do so? If so what would be consequences flat owners will face. Will builder wash his hands from the Project by handing over the substandard work and delay possession of flats?
Waiting for your reply
anil kshatriya
ajay sethi
(Expert) 29 January 2015
if builder has failed to deliver possession file complaint before consumer forum to direct builder to deliver possession . if sub standard work is done you can haul the builder to consumer forum to direct him to carry out necessary repairs in flats . society is formed after flats are sold by builder and possession delivered
anil kshatriya
(Querist) 29 January 2015
Thank you Mr.Sethi for your reply. We are already doing that by filing case in consumer forum.. Just wanted to confirm if builder can form society without giving possession to the members.. My view is that he trying to escape from his responsibilities.
Rajendra K Goyal
(Expert) 29 January 2015
Merely due to the reason the society is ormed, builder can not escape his liability/ respoonsiblity.
anil kshatriya
(Querist) 29 January 2015
Thanks Mr.Rajendra... We are not in favor of forming a society. We want builder to give us quality work and possession. He hardly comes to site from Delhi.
anil kshatriya
(Querist) 29 January 2015
The work carried out by him of all the buildings is very shoddy and bad in quality. The structure may give in anytime and worried about our security. No qualified engineer was appointed on site and all work done were by contractors.
Hemant Agarwal
(Expert) 09 March 2015
1. Get a private architects (registered) report, on the quality of the building.
2. Based on the architects report, file a private criminal complaint in the local magistrates court, against the builder.
Above is in addition to the Consumer Court complaint, that needs to be filed.
Keep Smiling .... Hemant Agarwal
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