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Author Topic: Forming buyers association before possession of flat  (Read 1942 times)

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Offline ananda

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Forming buyers association before possession of flat
« on: May 05, 2015, 11:48:14 AM »
I have bought a flat at one of the apartments which is still under construction. As flat owners, we have tried to get things done correctly by builder but they do not seem to have any concern for the issues we raise in the builder-buyer meetings. Recently, for one of the blocks which is completed and possession taken by the buyer, while doing wood work, it was discovered that a section of one of the pillars was hollow/ We have a image of the same. Would request your opinion on the following :
1) Can we form an association of buyers before possession is given to all owners of all blocks?
2) If yes, can the association file a case against the builder for poor quality of construction, charging for open area like car parking etc ?
3) Can OC be applied for and obtained before all blocks of the project is completed ?

Thanks in advance

Offline advcaroltripathi

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Re: Forming buyers association before possession of flat
« Reply #1 on: May 13, 2015, 03:38:18 AM »
you are supposed to get the building inspection done by the government authorities, get a building health certificate from them.

if it turns out to be faulty the builder will be in for big trouble.
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Offline adv.amarnath

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Re: Forming buyers association before possession of flat
« Reply #2 on: August 14, 2015, 01:50:40 PM »
Answer to the 1st Question.
It is not suggestible to form association before you all get possession in the flat.

Answer to the 2nd Question
After getting possession as well as possession certificate, all the intending purchaser can file a case for deficiency of service against the promoter jointly and/ or separately.

I could not understand what do you want to mean by 'OC' ? So, please write the full abbreviation of OC.
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Amarnath Sanyal
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Offline haridsv

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Re: Forming buyers association before possession of flat
« Reply #3 on: September 17, 2015, 10:18:34 PM »
I am in the same boat as OP and have the same question.

Answer to the 1st Question.
It is not suggestible to form association before you all get possession in the flat.
Could you please elaborate? Why is this not suggestible? More importantly, is it even possible?

Answer to the 2nd Question
After getting possession as well as possession certificate, all the intending purchaser can file a case for deficiency of service against the promoter jointly and/ or separately.
Yes, this could be a good suggestion for most, but when the builder is simply dragging the construction with various unreasonable demands for additional payments and other issues, we may have to act sooner.

I could not understand what do you want to mean by 'OC' ? So, please write the full abbreviation of OC.
I think OP meant "Occupation Certificate" which is unrelated to legal matter.

Offline adv.amarnath

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Re: Forming buyers association before possession of flat
« Reply #4 on: September 17, 2015, 11:11:36 PM »
It is not possible for me to discuss your matter in details in this open forum due to my professional reasons. I only share my professional procedure direct to the clients. But you can contact me over email with this reference for legal advice in details.
Regards,

Amarnath Sanyal
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