Hi all,
Our builder, who is a tier 2 developer, had plans of 3 towers in our property. Two are constructed, possession given and we residents are leaving peacefully for last 4 years. The 3rd tower is still under construction, due to which builder is not giving the NOC to form Owners Association and doing the hand over. As a result, builder himself is providing the maintenance service, though there is no valid contract between us for that. 1st year from possession was the only thing that was mentioned in sale deed, nothing beyond that. We have disputed builders claim of expenses and the contention is lingering. Builder has suddenly stopped all the essential services such as water and diesel saying that they have no money for that and is claiming the services would be restored only when all past dues are clear (which are disputed owing to lack of audited statements).
Because of this stopping of essential services without a notice, we are in humongous trouble (with kids, senior citizen). There is no water, and probably no power back up from today. We want to know what all legal options we have to stop the builder from such unilateral action without notice, especially since this is related with essential service like water and electricity. Could we go to High court and get a stay order from this action? Is there a chance that builder claims 'no fund' and absolve themselves from carrying out maintenance? What are our legal rights?
Please suggest. We are in dire need.
