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komel (self employed)     08 July 2009

society formation with less flat owners

 

 

7 floor and 14 flats but the builder owns 60% and we are only 40% and it has been almost24 years the building his made and not formed society and conveyance is not done.in the agreement it is clearly mentioned about formation of society.Please let em know how u can help or act on  our behalf we need serious results
thanx
komel kerawalla
00919821600500
komelk@hotmail.com



Learning

 3 Replies


(Guest)

 you may go to the Consumer Court and pray for direction to the builder about ur problem

Mohit chawla (PRACTICE)     11 July 2009

I agreed with mr. Navin. but you can' t straightly knock the doors of  Consumer Court  .

Firstly you must approach to builder or their association and ask them for appropriate remedy. if they fail to satisfy your grievances. 

only then you can approach to Consumer Court.

Adv. Lalit K. Jhunjhunwala (Lawyer)     13 July 2009

Dear Mr. Kmoel

You have two options in this regard:-

1. You can move to the Consumer forum for a direction to the builder to form the Housing Society/Apartment. To do this you have to follow these steps:-

a. Check your individual agreement and if there is a clause pertaining to the formation of organization of the flat owners.

b. In case such clause exists serve a legal notice upon the builder calling upon him to form the Housing Society for the building. Send a copy of the same to The Sub-Registrar of Co-Op Societies of your area.

c. Move an Right to Information Application after 3 days of posting notice asking the Sub-Registrar of Co-Op as to what action he has taken o the copy of the notice received by his office.

d. After the notice is duly served upon the builder and the time given to builder has lapsed you need to file a case before the consumer forum seeking direction to builder to form the Society.

 

2. Second Option is approach the Sub-registrar of Co-Op. for the same you need to follow the following steps:-

 a. Check your individual agreement and if there is a clause pertaining to the formation of organization of the flat owners.

b. In case such clause exists serve a legal notice upon the builder calling upon him to form the Housing Society for the building. Send a copy of the same to The Sub-Registrar of Co-Op Societies of your area.

c. Move an Right to Information Application after 3 days of posting notice asking the Sub-Registrar of Co-Op as to what action he has taken o the copy of the notice received by his office.

d. You need to submit a duly filled form for registration of society to the Co-Op Sub Registrar along with the application to seek exemption from the requirement of 60% signatures on the preliminary stage. You need to mention the fact that the Builder is occupying 60% of the flats and also that it has been decades that he ha done nothing to form Society / Apartment. Once the exemption is granted by the Registrar you application will be put for hearing and a notice will be issued to the builder to appeal and file his say on the same.

Let em know in case any point is not clear from here.


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