sec 11(4)(d) states that the Promoter is responsible for providing & maintaining essential services on reasonable charges, till association is formed.(e) Enable formation of the association or co-operative society of all the allottees under the law applicable with in 3 months of majority of the allottees having booked their flats,
(f) Execute a registered conveyance deed of the building ... as provided under sec 17.
The sample agreement. under rule 9 of the rules.But the builder did not include this points in the agreement. even though pont 9 explicitly states it.The intention seems criminal as this enables him to avoid formation, conveyance where by he can permanently have the property under his control. He has collected 15 years maintenance charges in advance without interest.MY question is all these points being important ones should I go for declaring the agreement null and void or rectification of the agreement. Majority of the members are above 65 years. I will appreciate if you could guide me as early as possible . Basic legal research
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I purchased flat in an under construction property at Thane, which was completed and possession given in 2016. I have paid full purchase price plus initial society formation / maintenance charges to builder. Later builder has not done conveyance & not transferred funds to society either.
I am a non-occupant owner. The residents formed a society, called a meeting in March 2017, elected a managing committee and agreed to contribute maintenance. Society was not registered at the time, & registration was received only in mid-2018.
As a non-resident (I stay & work in Mumbai, far from building location) I was not aware of & was not informed about March 2017 meeting, nor subsequent meetings & decisions. No letter / e-mail / phone intimation was made to me, nor any notice given to my licensee who stays at the flat. Note - the society office had my contact details & residential address.
As a first time flat buyer I (perhaps naively) believed the builder / society manager would call in due course for society formation.
In Feb 2019, my licensee who resides there, was given a non-payment of dues", naming arrears going back to April 2017 along with interest at 21 per cent. This was my FIRST intimation that society has been formed by residents and charges are being taken.
The building is not yet conveyed to society. Neither I nor my licensee received any bill or notice before Feb 2019.
I have volunteered to pay the principal arrears in good faith & ignore lack of notice etc. The Secretary is extremely high handed and nsists that they have no obligation to send notices / invoices etc to me or even to my flat. Says I or my licensee should have seen building notice board where meeting notice and outcomes were pasted & should have collected invoices from society office. He has got an AGM vote passed that no interest waiver will be done. (I don't have text of that with me).
I event sent a cheque covering principal arrears and asking for interest waiver as I was genuinely unaware & uninformed. But they have returned the same.
I believe law (society has adopted model bye-laws) required written notice to owners last-known address for society formation / general body meetings and timely delivery of invoices/demands.
Wanted to know, do I have a case here to get interest waiver? And how can I go about it.
PS: For a period of the time, they have charged non-occupancy over 10 per cent of service charges permitted in law. I am willing to overlook that and other irregularities like conveyance yet not done, society seeking charges since April 2017 when it is registered only in Aug 2018 etc. CHS, property-related issues
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