LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

YIP (Executive)     21 July 2010

Cheated by Builder

Hi,

I am flat owner of the building without society from last 1.5 years. My builder has not formed the soceity. My builder has constructed mobile tower on building terrace without informing or taking permission from any of the flat owner of the building. Some members telling that he has taken a sign on paper telling this is for NOC for soceity formation. But he misused it for constructing mobile tower. Builder also sold the common area of the building like common area around the building inside the boundary wall to flat owners in the parking floor. That also without permission or NOC of the other flat owners. My questioms:

(1) Can anyone suggest me how can i get information how builder has taken permission from corporation to form the mobile tower on the building? What documents he has submitted or what flat owners NOC he has submitted to get the permission to construct the mobile tower?

(2) What are the rule for the common area as mentioned in my above explaination? Can builder sell this area without NOC of other flat owners? When i purchsed the flat he has not told me that the given common area is already sold? Also he has not informed me that he will going to construct the mobile tower?

(3) Also my flat is terrace flat that is last floor. Mobile Tower equipement is above my flat only. My terrace is also having water leakage from top. After complaining many times Builder has not done anything. Due to his such behaviour I stopped paying the monthly maintainance & told him that once you clear my leakage problem and relted mobile tower issue then only i will start paying the maintaincance amount.

Can i go in consumer forum on this lekage problem and mobile tower as builder is not doing anything?

(4) How can i and flat owners fight  against Builder on these issues? Where i will get all information to file case against the builder? Is it consumer court is good option to fight? What legal steps we should know before filing case against the builder? Totally he has dumped everyone of the flat owners of the building. But due to all are middle class flat owners no one want to fight against Builder. Every one just keep quite & why to take problem by filing cases. But i want to fight against him as i have taken flat from hard earning money.

Please guide me on this.  



Learning

 3 Replies

Bobby Mani T (Lawyer)     22 July 2010

Surely you can file a petitin under consumer forum. 

Bharatkumar (ADVOCATE )     22 July 2010

First u file a suit in civil court and file petition at consumer forum.

whose (Autority) give a permissionf for  constructed mobile tower on building terrace.

YIP (Executive)     28 July 2010

Thanks for your valuable suggestions. Which will be some what fastest route to get the justice and also with less money to spend. My few more doubts and questions.

1) What documents i need to have with me to fight the case. Right now i have only Agreement copy with me. 2) How can i defend my points about mobile tower removal from terrace. Do i need to have all the flat owners with me to defend the case as terrace is common area of building. Even my building flat members also kew that they are got cheated by builder but they don't want the court battle as it will take too much time. No one is weeling to fight but i have made my mind to fight back. Also i am the more suffrer as mobile tower is above my flat only.

YIP, Pune 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register