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Society mismanagement due to Pending Handover from builder


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

Hello, I will first tell the situation. Then kindly guide.

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.
- 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 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.

So here is the question:
1. If contact deputy registrar will he intervene? Force builder to not collect money and still do handover ?
2. Whats location or contact details of deputy registrar for mira road area ? Is there a format to write ? Or email ?
3. Can your company lawyer represent may case ?
4. As a member, can I refuse to pay either society or builder ?
5. 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.
6. 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.

Advice from society consultant


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