Builder is not giving possession of common facility
Yogesh
(Querist) 22 December 2017
This query is : Resolved
Respected all LCI experts
Namaskar
I Am Yogesh from Baroda , Gujarat.
My queries are property related.
ours is a shopping complex in Baroda city, we have ground + 3 floor commercial complex having 56 shops ( established in year 2000 ). We have an elevator installed in our premise but it is not in working condition now. It is remain un operated and un maintained from last 10 years. We have common toilets behind the elevator at each floor except ground floor. We do not have formed our members association or registered our society.
Management of common expense and maintenance was done by builder himself up to approx 15 year from establishment of premise. And now being managed by some 4-5 volunteer members since 3 years, builder has 3 units remain unsold in his possession now.
During the period when builder managing common expense, he has some disputes about common expense with 1-2 members at 1st floor, so he has locked first floor’s toilet and door of elevator sealed and was denying to use these common facilities to all members till date.
Further he is planning to sell the elevator and demolish its structure, further he is planning to merge the to be vacant space of elevator with first floor toilet which are jointly situated plan to make a shop illegally, he has the same plan for ground floor also.
Dear sir, in such a situation my queries are that,
1) How we can stop him legally to do such things? we have repeatedly demanded and requested to give us possession of toilet, but he is denying recklessly.
2) How we can get possession of first floor’s toilet ? how we can prevent him to sell elevator.
3) Is it not a criminal conspiracy? Or criminal breach of trust?
4) Can we file a criminal complain? on what base?
5) Or file a civil suit is an ideal option?
6) Can we go to consumer forum ? what about time limit of 2 years if we go to consumer forum? Can time limit be a problem or hurdle for us in this case?
7) What is our legal position?
8) Is it responsibility of builder to form the society and hand over it to members
Sir, please guide us.
Warm regards
Thank you all .
Dr J C Vashista
(Expert) 23 December 2017
Be brief and precise for consideration and advise by experts on this platform, which is a social service FREE OF COST, otherwise, consult a local prudent lawyer with all facts and documents for proper appreciation, guidance and proceeding.
Yogesh
(Querist) 23 December 2017
It is a very brief discription , sir
Yogesh
(Querist) 23 December 2017
It is a very brief discription , sir
P. Venu
(Expert) 23 December 2017
The matter requires professional consultation.
