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Deadlock situation with builder, society taking builder side


13 December 2020 Noveen Prasad, Mira Road (e), Thane

Kindly guide basis these Facts:
- OC was in Aug'14.
- builder was not forming society. Had taken 50,000 at flat buying time in cash. And had taken maintenance 5k monthly till Dec'16.
- residents came together in 2016 and fought till 2017 with builder, to make the society. We also stopped maintenance from Jan17 to builder as a number of society issues were not being attended by him plus no accounts or rationale for why charging so high maintenance.
- builder also refused to give any balance society fund to society or any audited financial accounts post Aug14 (when OC was received).
- eventually after lot of chase, society registered eff 1-feb-18.
- now pending work anyways was not being done by builder, he also did not pay monthly maintenance for his flats (since Feb18) asking society committee to pay or adjust with member dues from 2017.
- some owners are close to builder, started dividing the owners and eventually, those who were fighting with builder had to lay low while those in favor of builder took control of committee.
- now in 2020, the builder favoring committee is asking members to pay builder dues in society account so they can adjust it with builders pending maintenance.  In other words members are paying builders outstanding maintenance.
- they are saying, we cannot issue share certificate without builders consent and he will give consent only when his account is settled.
- builder had never given any demand letter, or maintenance receipt or any paper work for the maintenance dues. Infact he never followed up with members from 2017 till date. No letter issued. Its only our society members who are chasing on builders behalf.

So here is the question:
1. If I contact deputy registrar as one individual, will he intervene? Force builder to not collect money and still do handover ?
2. Can your company lawyer represent my case ? Or refer me to a local lawyer in mira road who can drive this well.
3. Is society wrong to say, cannot issue share certificate or even start the process of share certificate since builder dues is pending or builder handover is not done.
4. Society managing is also in question as they are continuing to do expenses but since feb18 till date say Nov20, accounts have not been shared with members nor approved via AGM. Only AGMs were called earlier, to appoint the builder favoring committee..No mandatory books are being kept by society.  Many rules and bylaws r not being followed.

At the moment we are in short numbers and its Covid issue so we are not fighting out. We have to stay here in building, so we want to avoid fight with our own members. In this scene, builder is also trying to use his favorite members to use committee power and extract money from us. We don't know if they have a deal, cut or commission from builder. But their status is showing as no pending dues for their flats. Thus they are blaming other owners who haven't paid that because of them the society matters are not getting solved.

Related to society committee


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