Rakesh (engineer) 19 January 2024

Apartment handover pending in bangalore

Hi,

I purchased the flat in Bangalore in 2018. However, the building has not been handed over yet, and the association has not been formed by the builder. Additionally, approximately 20 lakhs worth of pending work on amenities and other aspects is still unresolved.

The property has 6 extra flats on the terrace. Recently, the builder approached us to accept these 6 extra flats so that we can proceed with the handover of the building, along with the pending work. I am willing to agree to this, but some of the owners are not in favor. The welfare association has been formed by the owners themselves for maintenance purposes. If others are not in agreed, I question why I should continue to pay the amount to the welfare association for maintenance.

I don't wish to pay any maintenance fees, and if the association stops, it is not an issue for me. Can I stop from paying the welfare association until the issues with the builder are resolved, and the handover is completed with the formation of the apartment association? Please provide guidance on this matter.

Thank you.

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2 Replies

Dr. J C Vashista (Advocate ) 20 January 2024

There is a deficiency of service on the part of builder, so you may move to jurisdictional Consumer Disputes Redressal Commission or RERA.

The Welfare Association should not accept extra 6 flats which are illegally constructed by builder.

Stop payment of maintenance if you are not satisfied with the service or contractual obligation.

T. Kalaiselvan, Advocate (Advocate) 20 January 2024

The association is the permanent body to take care of the interest and the welfare of the members/owners of flats.

The additional six flats have been illegally constructed by the builder and now he is forcing the association to accept it and regularise the illegal activity hence the association is right to reject the builder's proposal or else the members will suffer in many ways, especially since these are illegally constructed, they are liable to be demolished by the local civic body, but if the association has given the share certificate it can be concluded that the association has no objection to this, thereby the other members/owners will have less UDS and other issues too, namely sharing of the common areas/ utilities and amenities.

So being a member or owner you too will be affected, therefore you can standy by the association's decision