Errant builder
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Good day,
I have the folowing query wrt my flat.
The builder had comitted to a completion date in 2004 and the project is still not complete.
Due to mounting pressure from a large no. of buyers the builder chose to absolve himself momentarily by giving possession in the form of a furniture making license only, which I have used till date to stay on the premises.
The builder has yet to get an OC for the building, clear a mortgage( used by him) on the property and to hand over Corpus funds to the residents.
He has, rather than solving the above issues and handing over conveyance chosen to provide for the basic necissities for the people living on the premises in order to calm them down, though no written agreement to the same has ever been effected.
Sometime during this period the builder threatened the residents to cough up the property tax to the BMC for their flats and the outstanding amount for each flat(as presented by him)was highly inflated( as we, the residents found out later).All property tax was credited to the builders personal account with the BMC( as BMC had no demarcation/ seperate accounts) and used to offset dues against his name.
Now bolstered by his actions and no questioning by the residents he has been forcing the residents to pay all pending maintenance( which he claims is at a subsidized rate).
What action can be taken against such an errant builder in order to stop such malpractice.
He may have sought to collect a reasonable rate of maintenence but this situation would not have existed in the first place (had he fulfilled his obligations).
Kindly advise..
ajay sethi
(Expert) 27 July 2011
1)you will have to file complaint before consumer disputes redressal forum against the builder for deficiency in service .
2) under provisions of maharashtra ownership of flats act builder is required by law to execute deed of conveyance within 4 months of formation of society
3) in addition he is required to obtain occupation certificate from the competent authority
4)in complaint before consumer forum claim compensation from the builder for inconvenience caused to members of the society
