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Mit (Software engineer)     17 August 2023

Builder not giving sanctioned plan

Hello - we are a Cooperative Housing Society in Pune Maharashtra where the society was formed 2 years back

The promoters are still Chairman and treasurer. When couple of members requested for sanctioned plan copy, they are not giving so what is the way to get sanction plan copy of the whole society from Builders?

where can one complain if this is not being shared? 



Learning

 11 Replies

Real Soul.... (LEGAL)     17 August 2023

Just issue demand notice legally first and then file complaint with registrar societies 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 August 2023

1 Like

Mit (Software engineer)     17 August 2023

Thanks for the suggestion that the complaint has to be filed with the registrar

Hello Rama sir - yes there was that article about the portal but no such portal has been commissioned by them and I think the plans are still all futuristic.

 

 

P. Venu (Advocate)     17 August 2023

If the promoters are non-coopertive why the members are allowing them to be key persons in managing the Society? 

1 Like

Sidhhi   18 August 2023

Generally promoters/developer appoint such people and pay them to mislead other buyers and not act against them. Try to check if PMC also have portal like BMC wherein any person can see and download all relevant documents and correspondence related to the project if you have File No from BMC. Just check this out otherwise you must act jointly to remove these people.
1 Like

Chetan Parmar   18 August 2023

If the promoter (builder) is not providing a copy of the sanctioned plan to the members of a Cooperative Housing Society, you have various options to consider:

  1. Approach the Builder Directly: Before taking any legal steps, you can send a formal written request to the builder asking for the sanctioned plan. The request should highlight that as a member of the society, you have a right to such documents.

  2. File an RTI: You can file an RTI (Right to Information) application with the concerned Municipal Corporation or Development Authority of Pune to obtain a copy of the sanctioned building plan. The public authority, under the RTI Act, is bound to provide information unless the request falls under the list of exemptions.

  3. Provisions under Maharashtra Cooperative Societies Act (MCS Act): As per the MCS Act and Rules, after the formation of the society, the builder is mandated to hand over various documents, including the sanctioned plans, to the society. If they don't, you can approach the Deputy Registrar of Cooperative Societies of your jurisdiction with a complaint.

  4. File a Consumer Complaint: If the builder fails to provide a copy of the sanctioned plan, you can file a complaint against the builder in the Consumer Disputes Redressal Forum for deficiency in service.

  5. Approach the RERA Authority: Since Maharashtra follows the provisions of the Real Estate (Regulation and Development) Act (RERA), you can file a complaint with the Maharashtra RERA authority against the builder for not providing the sanctioned plan.

  6. Seek Legal Counsel: Engage with a lawyer to understand all your rights and possible courses of action. A legal notice from an attorney might also compel the builder to provide the required documents without any further dispute.

  7. Internal Resolution: If the promoters are still managing the society, raise the issue in the society's general body meeting and ensure that it is minuted. When a majority of the members demand it, the promoters may feel obligated to share the sanctioned plans.

Remember, it's crucial to maintain a record of all communications and requests made to the builder regarding the sanctioned plan. This will be useful evidence in case the matter escalates to a legal platform.

1 Like

Mit (Software engineer)     18 August 2023

Thank you very much for various options suggested 🙏

Appreciated 

T. Kalaiselvan, Advocate (Advocate)     22 August 2023

As a society,  you are legal entity hence can demand the same authoritatively  by issuing a legal notice. 

If they fail to respond or not complying with the demands made, you can drag them to consumer forum or RERA for relief and remedy. 

1 Like

Sudhir Kumar, Advocate (Advocate)     23 August 2023

get it from municipality who sanctioned it.

1 Like

Mit (Software engineer)     23 August 2023

Thanks for helpful replies

T. Kalaiselvan, Advocate (Advocate)     24 August 2023

You are welcome for the appreciations.

 


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