Maintenance for not a ready to movein property during Covid lockdown
3 years ago
I purchased a new house in Bangalore and discussed alteration of few works with builder. This was the last row house left with builder and the house was registered to me on March 6th 2020 with final works in progress. But the work was incomplete and work stopped on march 22nd due to lockdown and finally the builder handed over the house to me on June 10th 2020 but did not pay the maintenance for April and May 2020. Meantime the association which was already formed as per karanataka association act of 1972 has taken the incharge from January 2020. They were collecting the corpus fund from Jan 2020 of 50000 to be paid by Feb 2020 and I was not updated. Finally in the month of May they notified to pay it along with the delay penalty of 3% per month on daily basis. Also they are charging me the penalty on non payment of maintenance of April and May on the same interest rate. While I joined the association and paid the corpus on 20th may. But have not paid any penalties on this matter and the maintenance of april and May 2020 asking builder to pay as the house was not ready to move in. They have asked me only to pay as the house is registered in my name on 6th march 2020. So can I hold association and builder responsible for this delay and waiver of payment.
A.Dear Sir,
The following information is exhaustive in nature
How To Register a Complaint Against Housing Society/Any other Trust/ Professionals/Builder as defined below.
==================================================================
https://www.icrpc.org/icrpc.org.contact.htm
International Consumer Rights Protection Council
Consumer Court entertains consumer complaints against defective product or service. Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.
If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.
==============================================================================
Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.
Complaints that can be raised in General Body Meeting:
• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property
How to submit a complaint to the Managing Committee?
The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.
In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.
If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.
In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.
Below is a classification of complaints and the competent authority for members to approach.
Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-
• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents
Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-
• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery
If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.
Complaint against Co-op Housing Society
To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:
Registrar
Co-operative Housing Societies Federation Ltd.
Address of the office where your society is registered
City name
Complaint to Registrar is to be made on the matters of:
1) Registration of society on misrepresentation
2) Non occupancy charges
3) Non supply of copies of record and documents
4) Non maintenance or incomplete maintenance of records and books
5) Misappropriation of funds
6) Investment of funds without prior permission
7) Audit
8) Non conducting of election before expiry of the term of committee
9) Non calling of General Body Meeting
10) Resignation of committee
Complaint in Co-operative court is to be made on the matters of:
1) Repairs, internal repairs, leakages.
2) Parking
3) Escalation of construction cost
4) Unequal water supply
5) Excess recovery of dues from members
Complaint to Police is to be made on the matters of:
1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.
2) Threatening / assault by or to the member of society
3) Creating noise after prescribed deadline hour in the evening
Complaint to General Body is to be made on the matters of:
1) Non maintenance of property by managing committee
2) Levy of excess fine
3) Not allowing authenticated use of the available open space of the society by managing committee
Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.
=================================================================
If my answer is helpful to you then please give my FIVE STAR
The following information is exhaustive in nature
How To Register a Complaint Against Housing Society/Any other Trust/ Professionals/Builder as defined below.
==================================================================
https://www.icrpc.org/icrpc.org.contact.htm
International Consumer Rights Protection Council
Consumer Court entertains consumer complaints against defective product or service. Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.
If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.
==============================================================================
Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.
Complaints that can be raised in General Body Meeting:
• Issues related to maintenance of the property
• Not displaying society’s name board
• Not allowing members access to common spaces
• Charging excessive fines, maintenance, other dues
• Failure to insure the property
How to submit a complaint to the Managing Committee?
The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.
In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.
If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.
In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.
Below is a classification of complaints and the competent authority for members to approach.
Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-
• Non-issuance of share certificates
• Refusal of membership
• Exorbitant premium demand
• Refusal to produce account books and registers for inspection/ tampering or destruction of records
• Incomplete or falsified maintenance records
• Failure to prepare audit reports/ audit rectification reports/ annual reports
• Corruption and misappropriation of funds
• Investing funds without prior approval of members
• Inappropriate/false non-occupancy charges
• Failure to conduct election on time
• Appointing defaulting members on committee
• Rejection of nomination
• Failure to conduct annual, special or general body meetings wilfully
• Failure to file returns, statements or mismanagement of bank records/documents
Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-
• Major and minor repairs, leakages
• Parking issues, disputes with allotment of residence
• Managing Committee resolutions
• Disputes with election of managing committee (except nomination refusal)
• High construction cost, disputes with appointment of architect or redeveloper
• Water supply issues and high maintenance/recovery
If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.
Complaint against Co-op Housing Society
To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:
Registrar
Co-operative Housing Societies Federation Ltd.
Address of the office where your society is registered
City name
Complaint to Registrar is to be made on the matters of:
1) Registration of society on misrepresentation
2) Non occupancy charges
3) Non supply of copies of record and documents
4) Non maintenance or incomplete maintenance of records and books
5) Misappropriation of funds
6) Investment of funds without prior permission
7) Audit
8) Non conducting of election before expiry of the term of committee
9) Non calling of General Body Meeting
10) Resignation of committee
Complaint in Co-operative court is to be made on the matters of:
1) Repairs, internal repairs, leakages.
2) Parking
3) Escalation of construction cost
4) Unequal water supply
5) Excess recovery of dues from members
Complaint to Police is to be made on the matters of:
1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.
2) Threatening / assault by or to the member of society
3) Creating noise after prescribed deadline hour in the evening
Complaint to General Body is to be made on the matters of:
1) Non maintenance of property by managing committee
2) Levy of excess fine
3) Not allowing authenticated use of the available open space of the society by managing committee
Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.
=================================================================
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Advocate Harshit Sharma
Responded 3 years ago
A.You will send a legal notice to Builder.
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