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Rakesh (Partner)     05 February 2014

Builder didn't fulfil promised amenities

Hi I am from Mumbai, I have purchased my flat in 2009 and builder gave possession in 2010 Nov (one year after mentioned date in the agreement) that too without OC. OC came in April 2011. In the agreement he has promised Gym and swimming pool and for that he had taken 180,000 as membership fees from all 68 flat owners. He delivered unfurnished Gym which we( members of the building) has finished by putting extra money, till date he has not delivered swimming pool, now the hand over of the society  has been done in May 2013 and now its registered society, and committee has been elected , addition to that there is no fire fighting system in place and its a high rise building. Chairman and Secretary is in favour of scrapping down the swimming pool(half constructed) structure and 2 committee members are against that,  all of us have paid 180,000 for this swimming pool,and most of us has bought flats in this building considering that there is a swimming pool , builder is not bothered as chairman and secretary has some kind of soft corner for the builder and it seems they are  protecting builder by not going to consumer court or filing any complaint against the builder for violating fire safety norms, and coming with a proposal of demolishing the half constructed swimming pool and asking everyone to put some extra money for finishing of the pending job which builder has not completed .Now What is the choice for us members? its clearly mention in the agreement about swimming pool, amount has been taken by the cheque and its also in BMC approved plan. Please guide with expertise. Thank you.



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 3 Replies

Advocate Ravinder (Advocate/Attorney)     05 February 2014

It seems that the Chairman and secretary are hand in glove with the Builder. First you check up how many members are in favour of completing the swimming pool. If majority of members are in favour of construction of swimming pool, submit a representation to the Chairman and Secretary. If there is no response from them file a consumer case against the Builder claiming construction of swimming pool and payment of costs for gym and damages. File a civil case against the Chairman and Secretary for their illegal acts and to remove them from their posts. Apart from that take necessary steps to form a new management of your society, since most of the members are in your favour.

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

Advocate Mr. Ravinder's advice seems to be feasible and effective, you may follow it up.

Rakesh (Partner)     06 February 2014

Ok, today there is some movement, They (Chairman-Secretary) are planing some politics, one of the fellow member who is also a committee member but doesn't agree on demolishing of swimming pool, told me that chairman is going to send the circular to every member , mentioning advantages and disadvantages of having a swimming pool in the building. Then he said that he is sure that majority will vote for NOT to have a swimming pool in the building and that's how he will get succeed in demolishing the swimming pool !! Any provision in the law to fight against this kind of activity ? Thank you.

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