RECOVERY OF SOCIETY DUES FROM UNOCCUPIED MEMBERS IN A HOUSING SOCIETY

we, members of a villa complex, booked a villa almost 8 years back and paid payment as per the initial contract / construction agreement including the payment for undivided share of land. The plot was purchased from a construction company owner and he made clause in the agreement that no construction work can be undertaken by outside agencies and thereby forced to give the construction to them with a construction agreement that was to be completed within 12 to 18 months to different clients. The total plot is 20 and out of that 18 plots are utilized for construction as per the plan. One plot was utilized for digging two wells to provide water for occupants. As per the original drawing and leaflet one plot was allocated for children's play area garden etc., and of late that plot was also occupied by the builder for construction. After having lots of problems with the builder few got their keys and occupied the villa. There are 4 villas whose work NOT completed as of date. We had formed a society since one year and the owners of this four Villas and one villa held by the owner of construction company have NOT paid any maintenance as of date and other two unoccupied persons also.

I would like to have a clarification on the following points from known legal authorities / persons through this circle.

1. What is the legal aspects to recover the maintenance fund from those clients whose work is not completed as of date.
2. How to collect maintenance dues from unoccupied clients.
3. Since we had paid the amount for the plot and undivided land at the time of registration, what could be done if the builder is not registering the undivided land on society name or individual name.
4. Has the builder can prolong the construction in the land and create problem and harass the occupants as we are facing lots of problems due to personal security as people are working from different parts, drinking water is getting contaminated due to dust and fume, lots of other problems due to cutting, grinding, concrete works etc.
5. Out of 15 occupants only 2 owners are staying permanently and others are coming during vacation / holidays etc only.
6. Builder has not made any provision for waste management and (storage of rainy water facilities as required by state Govt construction rules).

It world be helpful if qualified and knowledgeable members can give some feedback on the above subject. more  

View all 6 comments Below 6 comments
The information you have provided is not sufficient. Location of the villa, in which state, whether co-opt./apartment society formed / registered/ functional, binding contracts with the developer etc. ..these details are required before any suggestion. more  
The villa is located in a village of Vadakara taluk, kozhikode district in Kerala state.

We had formed a housing society almost a year back and there are 19 villas totally and 15 are handed over to owners. We have permanent security staff and other contingency work to be completed. These requires fund to complete the job and salary of security staff. more  
Dear Shridharanji Greetings from Advocate Sandeep from Mumbai. From the limited information that you have given I can assure you of one thing that you have minimum three remedies for all the problems that you have mentioned as follows 1. The Maharashtra Ownership Flat Act 2. The Maharashtra CO-Operative societies Act 3. The RERA Act Apart from the above mentioned remedies you can exercise your right to go to Consumer Forum as well as initiate criminal proceedings against the builder and the maintenance defaulters. If you need more details then you can email me on advsheregar@gmail.com Regards Sandeep Sheregar Advocate Mumbai High Court more  
The villa is located in a village of Vadakara taluk, kozhikode district in Kerala state.

We had formed a housing society almost a year back and there are 19 villas totally and 15 are handed over to owners. We have permanent security staff and other contingency work to be completed. These requires fund to complete the job and salary of security staff. more  
1)Who is the promoter of the Society ? Builder or a member? Who are the office-bearers ? member or builder? 2) Where is the property located? As the laws for recovery of arrears varies according to state 3) As regards conveyance, again the law depends on the state where the property is located? 4) Definitely building plan is violated as stated. Besides violation of SWM rules , water contamination and pollution rules you can complain the local body. If you want to stop the work for ever do complain to the police for noise pollution, file a complaint to NGT and obtain stay. more  
PROMOTER IS BILDER. OFFICE BEARERS ARE MEMBERS (OWNERS OF VILLA)

The villa is located in a village of Vadakara taluk, kozhikode district in Kerala state.

We had formed a housing society almost a year back and there are 19 villas totally and 15 are handed over to owners. We have permanent security staff and other contingency work to be completed. These requires fund to complete the job and salary of security staff. more  
When was the site bought, see if it can come under RERA more  
Since the property is in a village . and all administration is being done by the society. Each members are bound to pay the society charges . If the charges are not paid ,two options are there the society group puts pressure on the other members alternative you complain to the registrar of society . he may guide you. other part of construction , in practice you have to bear with the agreement .one can put social pressure on the builder so that a level of comfort is achieved at both party end. more  
RERA stands for Real Estate Regulatory Act. promulgated by central govt. there afr each state has formulated its own regulation and has appointed RERA authority in each state designed to resolve such issues at state levels. more  
what is RERA. Please expand it more  
The provision by construction company owner in the agreement that no construction work could be undertaken by outside agencies forcing buyers to give the construction to them with a construction agreement that was to be completed within 12 to 18 months to different clients is anti competition and one-side agreement. It is a fit case for filing in the Competition Commission of India against the seller company. more  
thanks sir. let me get further feedback from some experts to initiate action. more  
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