Action against redevelopment committee

SANTTHOSH SHETTY (Querist) 02 September 2016 This query is : Resolved
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance. now in July 2016 builder is getting us added as member in the same old society and not forming new society.Old society as it is will continue and thier MC members.
No within 3 years of construction building has leakages and no MC members is keen to taken action against the builder as they were given additional benefits like additional area than the normal area mentioned in development agreement.
As per the Development agreement builder was agreed to give 12% additional area to all the members including Development Committee members. However in the MC members agreement they got changes to more than 25% area as additional area.
In the above scenario does builder or that member require General body permission to get additional area being redevelopment construction.
Can the old member who got possession and came to know the irregularities now, can approach the registrar for irregularities by development committee?
can the new member approach the registrar in support of the old members for the complaint and taking action against the redevelopment committee?
Pls provide some case studies in the above matter.

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Raj Kumar Makkad (Expert) 02 September 2016
It is the individual agreement between the builder and any individual member getting 12% or 25% additional area for which no person can file a complaint, however, the complaint qua denial of agreed area and the deficiencies in the reconstruction of the building can definitely be raised and should be raised by any person concerned before the Registrar.

SANTTHOSH SHETTY (Querist) 02 September 2016
Thank you very much for your quick response

My question is in development agreement area to be offered is 12% and accordingly each flat owner area is mentioned in development agreement which is signed by Development committee. however while doing the individual agreement as permanent alternate accommodation agreement that has been changed and couple of MC members got their deed rectified for bigger area flat without any consideration as being favor by builder

if so is this necessary to member or builder to obtain any resolution from the society being redevelopment.

if agreed area and given area is less, can any member file complaint with registrar against the Redevelopment committee? now all the members are in possession of flat and staying. above factor is came to notice now being member who are been deceived are senior citizen and been asked to sign the dox without reading earlier.

pls suggest

Rajendra K Goyal (Expert) 02 September 2016
For discrepancies in the building, can file consumer complaint.

Discuss with local lawyer regarding extra area give to some members. Explore scope of criminal complaint for misuse of position.

Raj Kumar Makkad (Expert) 02 September 2016
Development agreement is required to be signed by all members of the society and any deviation to the agreement gives a right to the suffer to agitate it before the competent court of law which is the registrar in Maharashtra so avail this fora.