Housing Cooperative
P V SASEENDRAN
(Querist) 17 February 2011
This query is : Open
I am a resident of a Housing complex consisting of 10 blocks of building with 960 residential flats. Builder had been handing over possession of the flat to the respective buyers on completion of each block but strictly after collecting the following payments :
i) Full consideration money, including for garage, if allotted;
ii) Deposit against Generator
iii) Payment towards Fire Fighting system
iv) Payment against Transformer installed by the electricity provider – CESC Ltd.;
v) Club Membership fee
vi) Fee for formation of Company to take care of maintenance
vii) Cost of share of the Company being formed for maintenance.
viii) Legal charges in favour of the advocate appointed by the builder
Builder has just completed the 10th (last) block and handing over of possession is going on. However, other amenities viz., Garden, Swimming pool, Temple, jogging track, etc. are yet to be completed, although the first flat was handed over about 3 years back.
Although the company was formed to take care of the maintenance and they are collecting monthly maintenance charge from each flat owner, it is under the control of the builder only. In spite of the residents’ joint requests, the builder is not willing to even show the accounts of the company. A huge amount, on account of Deposits and monthly maintenance, is collected by the company and, in the records; the owners of the company are the flat owners only.
The service provided by the service provider appointed by the maintenance company is also not satisfactory and they do not generally take suggestions from flat owners as they are paid by the maintenance company which is controlled by the builder.
The service provider also does not allow permission to flat owners’ car to be parked in the premises unless he has not purchased the garage from the builder. In this connection, I would like to know whether it is right on their part in view of the recent Hon’ble SC’s ruling upholding the order of Hon’ble Mumbai HC that builder cannot sell garage/parking space separately and the flat owner is the rightful owner of these common space.
Under these circumstances, kindly advise if the flat owners are at liberty to form a fresh cooperative and register itself under Housing Cooperative Act, and pressurize the builder to give the accounts, as at the moment the residents do not have a common forum to fight for their right.
Thanks and regards,
P V Saseendran
