Builder Delaying society formation & handover
Ajjay
(Querist) 02 September 2009
This query is : Resolved
I am staying in a Building which is constructed two years back and the occupancy including all 5 wings is close to 95%, Builder has collected advance maintenance from all of us for 2 years and also a corpus for Club House which is not yet constructed.
Now the problem is we are getting all sub-standard services from the builder in the name of maintenance, when we ask to start the work for club house, he replies saying that CC is pending, when we ask about the society formation, he says OC is he has applied for OC to BMC which is pending since last 4 months.
We do not know the property law, so we dont know whether all he is saying is right or he is just using all these tactics to use our money and at the time of society handover give us the handover with negative balances in account?
Please guide
Regards
Ajjay
A. A. JOSE
(Expert) 02 September 2009
You may serve a legal notice to the builder and if there is no positive outcome, you may move a complaint before the local consumer forum against the builder. It would be better if you take the help of any local lawyer for this purpose.
Adinath@Avinash Patil
(Expert) 03 September 2009
you can file complaint in consumer fourm or file civil suit but I think for speedy remedy consumer fourm is better.
sanjeev murthy desai
(Expert) 03 September 2009
Dear Mr. Ajay,
Don't say like that " we don't know property Law. "Ignorance of the law cannot admissible".
You dont know the law is excusable morally but u not taken the legal opinion from the experts,this is you did mistake.
With out having the OC how u occupied the said premises. With out oc title is not cleared under the law.
In my view, firstly speck with builder and give the some more time to complete his promises what he assured to u under the construction agreement.
also completely go thorough the construction agreement wheather it has any time limit to get the oc from the BMC, if there is no time limit specified in the agreement otherwise you have to file a consumer case against him in the jurisdictional forum.
