Non Handing over of Society administration to members
Sir,
This is regards to problems faced by many Flat owners in Mumbai where in the builder constructs the building and then does not handover the societies activities to flat owners in turn takes society fees/ Maintenance fees and does not maintain the society. on the subject of handing over the society the builder threaten the person who goes with the request
one of the case is of Enkay Heritage Panvel where the bulider has completed the building work but not the compound work he has taken OC and has alloted the flats to flat owners. On our request to handover the society after completion of work the builder is mum. He has formed a false society where in the members does not know that they are one of the members of the society with false signature. there is no AGM which is held nor he is transparent about the funds status. How is he managing the affairs of the society. Pls help in filing a RTI whereby The Minutes of AGM can be obtained and the reason how the builder is spared from not handing over the society to the flat owners we have already approached the builder with a request to handover the society with all documents but he does not pays any heed to our request pls help us
You should first write to the Dy.Registrar, CHS of your area about malpractice by Builder and ask for copy of all the records pertaining to the said Society, icluding minutes etc, through the same Registering Authority, under RTI.
Mr. Boda
Thank you for your reply. Can you draft us an RTI application, so that we can print it out and file it under our name ?
Anand
If the Builder is a registered society, then he has a legal duty to file certain documents with the Registrar of Society annually. In such a case, only the copies of such documents filed by the builder (if at all he has filed) can be obtained through RTI application under Section 11 of the RTI Act. But under this section, such documents can be given by the Registrar only with the consent of the Builder.
Regarding handing over of the completed buildings to the flat owners, it is purely a private matter to be resolved by the builder and the flat owners and RI Act provisions cannot be invoked.