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Advocate Shivchand Mishra (Lawyer)     15 April 2016

Provisional comittee ignoring society byelaw to help builder

Dear Experts,

 

Request your expert opinions on below,

 

Ours is a newly formed society (May 2014) and i am resident of that society. Society hand over took place on 20th December 2015. Since last six months (Oct 2015) i am asking the provisional committee to take the account details of amount collected by builder in form of monthly maintenance and society formation charge which is also mandatory to take from builder during hand over of society under section 90 of society bye laws, but the committee wasnt willing to take account details from builder / chief promoter. I made a complaint to Asst registrar of societies and there after committee agreed to take account details from builder and wrote a letter on 28th Feb 2016 to builder to furnish account details within 4 weeks, which ended on 30th March 2016 but builder did not gave any thing. I insisted the committee to initiate legal action on builder but committee pressurised me to withdraw my complaint from registrar office inorder to not go into parallel proceedings. I Unfortunately withdrawn my complaint from registrar office and when asked the committee to initiate legal action on builder they started saying its not our responsibility to take account details from builder and when complained about same to the registrar, the registrar stated that its not my concern go to the court.

 

Now its crystal clear that committee is helping builder to hide his illegality and we are in dilema. requesting your opinion to let us know what can we do against builder and provisional committee in this situation?



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