Mihir..... (Wealth Manager) 26 December 2011

Residential flat - conspiracy (society/developer)

1) My society entered into an agreement with a developer for redevelopement of available FSI in the compound of the society by constructing a new building in the compound of the society, and one of the condition of the agreement was to shift me from the existing ground floor flat to this new building constructed by the developer, and demolishing my ground floor flat for making parking space for the society members.

2) Later, the developer refused by saying that it is beyond his budget. He told us he can giveus a flat outside in another building in the nearby area. We reluctantly agreed. He showed us few flats which were in poor condition and so we did not accept it.

3) Now the developer is saying that if we want him to shift to a new flat then I must obtain NOC from the society to allow him to construct another floor on the new building. The society refused to give NOC.

4) Later, I tried to sell my flat outside to someone else, the society said they will not give permission to sell unless the developer shifts me to new flat and make parking space for the society members.

Society is not supporting, the developer is putting conditions. What do I do? Where do I go?

Please advise

Thanks very much

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6 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 26 December 2011

1st of all its your flat

file a complaint to registrar of the society informing that society causing undue and arbitary blockades for d sale of the flat

the developer n society r jus buying ur tym to budge but u can remain adamant and can stick to ur rights

with the builder u can fight untill ur rights are met with : u stay firm and tell him that u want flat in the newly constructed building then only u will vacate it

Remember : Society n builder r trying to create a dead lock situation

File a Complain 2 registrar of the co-operative society stating the facts

Regards

Abhijeet

Mihir..... (Wealth Manager) 27 December 2011

Thanks Abhijeet, really appreciate your reply.

In my opinion

1) Even if I sue the developer, he can prove that he had intentions to shift me but it did not work out, and proving his intention will make a big difference in his case. He might even be able to prove that I refused to shift to the flat shown by him only because I was buying more time so that I could get a higher value flat because of increasing demand of real estate, and then the court could consider my complaint as vexatious.

2) If I sue the society, the society can join hands with the developer and corner me by raising false violations committed by me as per society bye-laws.

I know you are well aware how people can go to any lenghts to protect their interests.

ABHIJEET PARIKH (Bcom LLB MBA) 27 December 2011

Dear Mihir

u donot need to file a suit

I have only asked u to complain to registrar of the co-operative society for non granting NOC which are permissible under its byelaws

regards

Abhijeet

Mihir..... (Wealth Manager) 27 December 2011

As per Bye-law no 38, the member need not obtain NOC from the society to transfer its flat unless specifically required, and if the society refuses to give NOC, the society will give reason in writing.

The developer entered into an agreement with the society, and an indemnity bond was also prepared in favour of the society to comply with the terms and conditions to complete the project and one condition was to shift me in the new building. The society can use this clause of the agreement as a reason for not giving me an NOC for selling my flat. If the developer fulfills his condition of shifting me to a new flat, my existing ground floor flat can be demolished to make parking space for the society, which the society will want to use for its existing members, and this can be one of the reason.