Can builder incorporate and impose company for maintenance on flat owners??
Hello sir,
The builder in our MOFA registered agreement had clearly stated he would be registering a society within one year of OC and that he will do the conveyance deed within 36 months of registration of society.
Our housing complex consists of 5 wings - 376 flats.
Its been 5 yrs since we got possession and despite repeated request the builder kept us in the dark about society registration. Infact he had even collected money for society registration as well.
Now after 5 yrs, in March 2017,
when we approached the asst registrar for society name reservation, the builder declared that he has already
1) incorporated the company and it will mange the complex premises.
2) we also came to know he changed the clauses of society formation, in the new flat sale he had done post 2015.
He had used this modified agreement to incorporate the company. The majority flatowners have not subscribed to this company. Infact the modification to base agreement and incorporation of company was done without even seeking consent.
The builder thru this company filed a caveat with asst registrar seeking to be heard if the flat owners approach for name reservation.
Asst. Registrar seeing the merrit in our case immediately issued us the name reservation and directed us to proceed to DDR as it is under non- cooperation.
The builder's company filed review petition under section 154, with the joint registrar for violation of principle of natural justice - right of being heard.
They also contented that since a company had been Incorporated another legal entity for the same property cannot be there.
Now after 1 yr of proceedings, joint registrar quashed the name reservation order, and remand the file back to the asst. Registrar asking "to follow due procedure".
Want to know what is our Rights as flat owners in such cases?.
Can any of share high court rulings in similar matters?
Thank you