Re: pending works not done by builder/developer

SAM (Querist) 24 November 2023 This query is : Resolved
Namaskar sir,

The builder/developer has not completed majority of pending works constructed by him and not given Completion Certificate (CC) & Occupancy Certificate (OC) till date to all the flat purchasers/members who are staying in the building for several years. There are leakage issues (crack filling internal & external), Entrance gate not constructed, No RCC water tank built, No children play area with equipment, No society office provided, No duct cleaning work done, no lift maintenance done by builder, No proper housekeeping staff and no proper cleaning done, No generator back up provided, no compound tile work done etc.

Inspite of sending letter by all flat owners to the builder no work has been done by the builder. Kindly advise what can all flat owners and members/flat purchasers who are staying the building for several years do? what should be their next strategy/action?

All flat owners want to form a society and get it registered but before that they want to get all the pending works to be done by builder/developer.

kindly advise next course of action?

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Flat owners are facing issues with their builder who has failed to complete numerous pending works and provide essential certificates like the Completion Certificate (CC) and Occupancy Certificate (OC) even after several years. Despite numerous letters, the builder has not addressed problems such as leakage, unfinished amenities, and lack of maintenance. Residents are seeking advice on how to proceed, aiming to form a registered society to collectively address these grievances and ensure the builder completes all outstanding obligations before starting new constructions nearby.

SAM (Querist) 24 November 2023
Further the builder/developer is in process of construction of new 21 tower building adjoining to the building where all the flat owners/purchasers are staying. The new under constructed building is close by to the building and the builder has taken approvals from municipal corporation thus flouting rules and regulation and is hand in gloves with the municipal corporation to get appropriate approvals from municipal corporation

kavksatyanarayana (Expert) 24 November 2023
Is it believable to date no society has been formed for several years? Why have all the flat owners kept silent to date? File a case against the builder in the Consumer Forum by all the flat owners. Now all the members shall meet and form a society (Residents Welfare Association) or under Coop. Housing society.

T. Kalaiselvan, Advocate (Expert) 25 November 2023
All these fall under deficiency of service and the builder can be held for such defects if a case is filed through consumer commission.
The formation of society has nothing to do with the complaint to be made in the consumer forum.
The association can be formed as per law
The steps to be initiated to form an association is as below:
Step-1: Serve Notice upon the Builder for Formation of AOA & Competent Authority.
Step-2: Call General Body Meeting i.e. meeting of all apartment owners.
Step-3: In GBM pass resolutions to form AOA and elect office Bearers.
Step-4: Register AOA with the Registrar of Societies.

Dr. J C Vashista (Expert) 27 November 2023
File a complaint before jurisdictional Consumer Commission / RERA through a local prudent lawyer.

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