We’ve a query regarding maintenance that can be collected from builder for unsold flats. Some flats in our society are currently unsold. The builder says that since no one lives in the unsold flats, why should he pay for the maintenance?
Society is already formed by the builder and he is forcing members to handover society. BUt as the numbers are higher for unsold flats, we are not willing to takeover the society.
We have already formed a Provisional Committee and decided, do not take charge of any of the common amenities from the builder before the following points are satisfied. Irrespective of this, if at all the Provisional Committee is going ahead with any resolution towards ‘taking charge from builder’, it is to be passed with owners majority only, through voting.
Points we have already decided are as follows,
- An independent third party chartered engineers team certifies that everything has been delivered by the Builder as per norms and without any violations and with assured quality of materials and execution.
- Builder to cooperate with this team by providing necessary documents/drawings and other assistance as needed by this team.
- Builder shares all accounting pertaining to the Corpus fund, Maintenance Fund, Club House Membership, Electrical Deposit, etc.
- Third party Charted Accountant to audit and approve the accounts submitted by the Builder.
- Builder shares UDS calculation without any ambiguity
- Builder shares the building insurance
- Builder produces the NOC from their financing firm / Banks
I C Naik
This is a proven case of deficiency in service to flat purchasers as Service Receivers from the Builder who has been held as a service provider: Services being NOC from Civil Authorities, formation of a cooperative housing society, hand over a cooperative housing society management to provisional Management Committee and give full account of moneys received from members to set up an organization to get conveyance of land and building. District Consumer or even State Consumer Commission is the fastest and easier less expensive way to deal with such builder.