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Author Topic: Clarification on Development Agreement Clause  (Read 350 times)

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Offline Guruvayurappan M

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Clarification on Development Agreement Clause
« on: February 10, 2016, 10:57:06 PM »
I need clarification on the following provision of a development Agreement by a real estate developer;

Provision says as follows"

"The purchaser shall pay an amount of Rs.39/square feet to the Developer as maintenance fund, before the apartment hand over" However the Builder did not collect such amount from any owners before hand over/ The reason is majority of the apartment at that time was owned by Builder. Now the Owner's Association has no maintenance fund. can the association seek legal claim based on builder's ignorance? the fact is that none of the owners who took possession pay this amount.

what should the best way for the Association in this regard to protect the Association? can we approach consumer court for builder failure to collect such amount and seek compensation from Builder? now all the flats are sold and owned by individuals.

1. agreement in 2008
2. possession was in 2012
3. owner association registered in 2014 under the Travancore charitable society act.

Solid advice will be appropriated from legal experts.

thanks
 

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Clarification on Development Agreement Clause
« Reply #1 on: February 16, 2016, 11:30:29 AM »
Builder is not responsible. The President and Secretary of the Association should issue notice for payment for monthly maintenance at certain rate. On failure, you can lodge complaint to the Society Office where the association was registered or have to file money suit against all the defaulters.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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