Can I lodge the complaint against builder
7 months ago
Can I lodge the complaint against builder for non formation of the society after 7 years of building completion, possession handover and charging maintainance charges?
Type of property - Row House.
A.Dear Client,
Yes, you can lodge a complaint against the builder for non-formation of the society after 7 years of building completion, possession handover, and charging maintenance charges. In India, it is mandatory for builders to facilitate the formation of a cooperative housing society or residents' welfare association within a certain period after the completion and possession of the property. Failure to do so is a violation of the law.
Here are the steps you can take:
Review Your Sale Agreement and Documents: Start by reviewing your sale agreement and other relevant documents to confirm the builder's obligations and timelines regarding the formation of the society.
Contact the Builder: Initiate contact with the builder and inform them of their failure to form the society within the stipulated time frame. Request that they take immediate steps to facilitate the formation of the society.
Gather Support from Other Homeowners: Talk to other homeowners in your development who may be facing similar issues. Collective action and a united front can often be more effective in dealing with builders.
Consult a Lawyer: If the builder does not respond or refuses to cooperate, consult with a lawyer who specializes in real estate and housing matters. Your lawyer can send a legal notice to the builder, demanding compliance with the legal requirements for forming the society.
Complain to Regulatory Authorities: You can also file a complaint with the appropriate regulatory authority in your state or city that oversees real estate and housing matters. In many states, there are regulatory bodies or authorities responsible for addressing grievances related to builders and developers. Provide all relevant documents and evidence to support your complaint.
Approach the Consumer Forum: If all else fails, consider approaching the consumer forum or the real estate regulatory authority in your state to file a formal complaint against the builder. The forum can hear your case and take appropriate action against the builder.
Legal Action: If necessary, legal action can be pursued to compel the builder to fulfill their obligations. This may include seeking a court order mandating the formation of the society and seeking compensation for any financial losses or inconvenience you have suffered.
It's important to document all communication with the builder and maintain records of payments made for maintenance charges. Additionally, keep copies of your sale agreement and any correspondence related to the formation of the society.
Thank you.
Yes, you can lodge a complaint against the builder for non-formation of the society after 7 years of building completion, possession handover, and charging maintenance charges. In India, it is mandatory for builders to facilitate the formation of a cooperative housing society or residents' welfare association within a certain period after the completion and possession of the property. Failure to do so is a violation of the law.
Here are the steps you can take:
Review Your Sale Agreement and Documents: Start by reviewing your sale agreement and other relevant documents to confirm the builder's obligations and timelines regarding the formation of the society.
Contact the Builder: Initiate contact with the builder and inform them of their failure to form the society within the stipulated time frame. Request that they take immediate steps to facilitate the formation of the society.
Gather Support from Other Homeowners: Talk to other homeowners in your development who may be facing similar issues. Collective action and a united front can often be more effective in dealing with builders.
Consult a Lawyer: If the builder does not respond or refuses to cooperate, consult with a lawyer who specializes in real estate and housing matters. Your lawyer can send a legal notice to the builder, demanding compliance with the legal requirements for forming the society.
Complain to Regulatory Authorities: You can also file a complaint with the appropriate regulatory authority in your state or city that oversees real estate and housing matters. In many states, there are regulatory bodies or authorities responsible for addressing grievances related to builders and developers. Provide all relevant documents and evidence to support your complaint.
Approach the Consumer Forum: If all else fails, consider approaching the consumer forum or the real estate regulatory authority in your state to file a formal complaint against the builder. The forum can hear your case and take appropriate action against the builder.
Legal Action: If necessary, legal action can be pursued to compel the builder to fulfill their obligations. This may include seeking a court order mandating the formation of the society and seeking compensation for any financial losses or inconvenience you have suffered.
It's important to document all communication with the builder and maintain records of payments made for maintenance charges. Additionally, keep copies of your sale agreement and any correspondence related to the formation of the society.
Thank you.
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A.Dear Client,
The builder is bound to submit a declaration to the Registrar of Cooperative Societies or the relevant compentent authority under (State) Apartment Ownership Act and hand over the building/premises as soon as occupancy certificate is issued by the civic authority and flat owner occupied the flats for formation of Society/Association for its maintenance. The Real Estate (Regulation and Development) Act, 2016 has now brought accountability and responsibility for the Builders which in pre-RERA time was not in existence at all. In the RERA Act, 2016 there are certain duties and obligations have been cast upon the Builders which they have to comply with. Amongst all the prescribed responsibilities, the formation of the apartment owner’s association is also the onus of the Builder. As per the provisions of the RERA, the formation of the Association, Society or Co-operative Society shall be enabled by the Builder as per the applicable laws and a builder is liable to pay all the outgoings until the transfer of the physical possession of the property to the association of the allottee’s and if there are no local laws, the Builder has to form an association within the period of three months after the majority of the home-buyers have shifted to the project. Further, the consent of the Builder is not mandatory but it is the sole responsibility of the builder to enable the formation of the association and the election of the association should be lawful and transparent. So, the flat owners can escalate a grievance jointly and collectively against the Builder before the Registrar or Dy. Registrar of Coperative Societies or the competent authority under the State Apartment Ownership Act whichever is applicable in the matter for formation of Society/Association.
The builder is bound to submit a declaration to the Registrar of Cooperative Societies or the relevant compentent authority under (State) Apartment Ownership Act and hand over the building/premises as soon as occupancy certificate is issued by the civic authority and flat owner occupied the flats for formation of Society/Association for its maintenance. The Real Estate (Regulation and Development) Act, 2016 has now brought accountability and responsibility for the Builders which in pre-RERA time was not in existence at all. In the RERA Act, 2016 there are certain duties and obligations have been cast upon the Builders which they have to comply with. Amongst all the prescribed responsibilities, the formation of the apartment owner’s association is also the onus of the Builder. As per the provisions of the RERA, the formation of the Association, Society or Co-operative Society shall be enabled by the Builder as per the applicable laws and a builder is liable to pay all the outgoings until the transfer of the physical possession of the property to the association of the allottee’s and if there are no local laws, the Builder has to form an association within the period of three months after the majority of the home-buyers have shifted to the project. Further, the consent of the Builder is not mandatory but it is the sole responsibility of the builder to enable the formation of the association and the election of the association should be lawful and transparent. So, the flat owners can escalate a grievance jointly and collectively against the Builder before the Registrar or Dy. Registrar of Coperative Societies or the competent authority under the State Apartment Ownership Act whichever is applicable in the matter for formation of Society/Association.
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A.Dear Sir,
You may lodge complaint along with other flat owners with concerned deputy secretory of concerned department and they will teach him a lesson.
You may lodge complaint along with other flat owners with concerned deputy secretory of concerned department and they will teach him a lesson.
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