Legal Queries

Question:
Builder has niether given Occupation Certficiate nor he is registering Housing Soceity in Hyderabad

Reply:
Any society including Housing Society registered under A.P. Co-operative Societies Act 7 of 1964 or under the A.P. Mutually Aided Co-operative Societies act of 1995, is now governed under ANDHRA PRADESH CO-OPERATIVE SOCIETIES ACT, 2010. As long as Builder has not given your the documents including OC for the building, he is in breach of his contractual obligation and clear deficiency in service. You need to file a Consumer Complaint at your nearest District Consumer Court for deficiency in providing you and others the OC. In the same complaint you can raise the issue of your CHS registration. Yours is only 8 member society and minimum 10 members are required as per Andhra Pradesh Cooperative Societies Act and Rules, 1964 as well as Andhra Pradesh Aided Cooperative Societies Act, 1995 You may need to have special permission from Registrar to register 8-member Housing Society, normally its given, but you as you are based in AP you will need to find local experienced lawyer to draft your complaint for Consumer Court as well as to make a plea to Registrar as you got less than 10 remembers which is min. requirement to register a CHS. For Maintenance charges in any CHS is concerned that remains equal, though the Municipality charges different taxes for each flat and for shops but maintenance of a society remains same for all. Housing Society's bye laws and Managing Committees are not allowed to charge maintenance charges on area of a Flat. Court judgments can be cited for the same.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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