Discrimination/injustice to some housing society members.
Chelakara Subramanian
(Querist) 04 September 2021
This query is : Resolved
Our Housing Society is undergoing Redevelopment. As per DA, building was to be demolished after all the existing members are put in Permanent Alternate Accommodation by constructing a tower in the open space available and then construct another tower for sale by the Developer. However the Developer decided to construct both towers together and asked the existing members to vacate their flats, which the members agreed on promise of getting hardship compensation on monthly basis for arranging temporary Alternate Accommodation in lieu of putting into possession on Permanent Alternate Accommodation as per DA. All members have been getting compensation regularly for 7/8 years without any further documentation. From Feb 2020 the Developer is paying to the members who are paying on rent and have given them L&L agreement copies. Some of the Members are staying with their children, but are not being paid compensation by Developer. We feel it is discrimination and injustice to such Members. This is hardship compensation to displaced persons and not disbursement of rent paid. Most of such Members are senior citizens without any source of regular income. Please advise the action to be taken by such discriminated members to get JUSTICE in the matter. Regards.
Dr J C Vashista
(Expert) 05 September 2021
File a suit for specific performance, permanent and mandatory injunction with damages/ mesne profits through a local prudent lawyer.
You have another option of filing a consumer complaint before appropriate commission of jurisdiction.
Chelakara Subramanian
(Querist) 05 September 2021
Thanks. If the Developer takes the stand that they have not STOPPED the payment but have only delayed the payment due to financial difficulties on account of pandemic conditions and assure to pay the same when their financial condition improves, do we have strong case to proceed legally? Pl advise. Regards.
Pradipta Nath
(Expert) 05 September 2021
They may defend themselves on the pandemic but still it is better to have the process be recoded in the Judiciary. Aside please ask the Developers that for the members who are living with their children whether can submit an Affidavit to get payment or not? If they say 'No' better to file a consumer complaint against them.
