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Dileep Kumar P B (CTO)     24 February 2012

Builder build new car parking in the common area

 

Hi,

 

 


I bought a 2 BHK flat from the builder. It is a 2 stored building with total 26 flats. Builder have created 24 covered car parking area and he sold all the flats.
Builder called a meeting and formed a residents association but later stage he deny any maintenance mentioning that he handed over the flat to association

Last week we noticed that he started to build 2 additional car parking area in the common area and we opposed the same.

Builder claim that he is the owner of the building and he is the owner of the land

But when the flat registered to us its includes all common facility + 1/26th undivided share of land

Also he have cheated people my showing a different brochure and constructed the flat in a different way. In the brochure there was children’s play area, rain water harvest etc .But when we asked about the children’s play area he told that its there in open terrace.

he sold 2 common passage to adjacent flat owners so flat have no proper light and ventilation

He also altered the initial plan which is got approved. He build 2 additional flats in ground floor which made the existing car parking areas very narrow and even difficult to turn the car inside the common area.
We would like to get a proper advise on the following things?

1) How can we prevent builder from illegal construction of the additional car parking areas in the common area.

2) What we can do to get proper ventilation on the flats as he sold to main air passage common passages

till builder argue that he is the owner of the land and flat. He can do any work over there even though he already sold out the flats to us

Please provide an advice how we can get things done

Thanks

Dileep

 



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 February 2012

1.  If the builder has sold off all the flats and formed an association, then he cannot construct anything on the land even if the land still belongs to him on records.


2.  The builder has to take written consent of all the flat owners plus the permission of the BMC for constructing any additonal constructions on the said plot.


Keep Smiling .... Hemant Agarwal

Bharatkumar (ADVOCATE )     25 February 2012

U give a notice to the Builder for illegal Construction without permission of BMC, and one copy send at BMC. If builder give car parking and he sold this area then u can file a suit in court against Builder, because builder can not sold the car parking area to the purchaser / member as per Apex Court Judgement.


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