Maintenance Services from Builder not satisfactory

Querist : Anonymous (Querist) 23 November 2009 This query is : Resolved
Dear Sir,
In our society we have purchased flats from Greater Delhi Planners and have executed the registery as well. The builder have formed a Maintenace agency and we were regularly paying monthly charges to the Agency. We donot have any maintenace agreement with the agency. We have also formed our RWA and have registered the same (2 years old).
We have requested maintenance agency to discuss with us to improve the services and decide on the maintenance charges. But the builder / maintenance agency has not responded to any of our letters and have never given us time to discuss the matter in person. We have requested him to hand over the society maintenace to our RWA also but no response. Since last 2 quarters we have stopped the maintenace charges and have duly informed the maintenance agency as well as the builder but again no response. We have also informed the Police station and have given the complaint. He has stopped the Generator set required to run common area lights and lifts when the Electricty from electricity department is not available.
We are in a position of Fix as no electrician, Plumber are available from his side. He has also defaulted for last 2 months to pay the electricity charges to govt for the common area.
Please suggest how shall we proceed to rectify the same and live in a tension free and good maintained environment.

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Raj Kumar Makkad (Expert) 23 November 2009
In the given circumstances, it is better to collect the maintenance charges by RWA and arrange for all facilities at their own as the agency is not legally bound by your dictation as no agreement has still beeen executed betwwen you and him.

Querist : Anonymous (Querist) 24 November 2009
Thanks Sir,
In the sale Deed and the registry that we have executed, which is totally one sided and has the conditions that the builder is the only arbitrator and what ever decision he takes w.r.t. maintenance agency will be binding to us. He is the only person to finalise the maintenance agency and to decide the maintenance charges.
Is there any support from the Haryana Apartment Ownership Act, 1983 which mentions that the builder should handover the possession to the society.
Please advice.