Redevelopment of building
Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
Greetings Sir,
I live in a 47 year old diliapidated building in Santacruz (E).Last year all the members of the society decided for redevelopment.We all decided and asked for tenders from respective builders, after screening 16 builders we selected one to be the best fit for the society as his offer and amenities were the best and was accomodating requests of all the members.
When we were about to sign an MOU with him one of the members backed out as the builder that he bought was rejected by us seeing his body of work. Now that member has threatened us that he will not allow the building to redevelop as we did not satisfy his ego. Out of the 11 members, 10 are ready except this one. He has lot of pull in registrar's office and at the local police station. I would like to know from your expertised experience that will we be able to redevelop the building or the society will file a case against him. Please suggest what can be done here and would we be able to redevelop the building.
I will be highly obliged and thankful if you could provide your suggestion in this regard.
Thanking you in anticipation.
ajay sethi
(Expert) 26 September 2011
once all members are in favour of redevlopment you can go ahead. merely because on e member subsequently back tracked is no ground for rejection .
if more than 70%of members are in favour one member cannot hold society to ransom .
go ahead and sign MOU with builder . let the member who is not interested go to court . the builder can defend the case as he has consent of 90%of members . if he files case you will also have to engage an lawyer on your behalf /
Sankaranarayanan
(Expert) 26 September 2011
yes i agreed with mr ajay,s version, majority are with builder and signed. More over as per your statement , the agitated party also accepted it previously then why he went back from his stand.
If he approach the court then you can engage the lawyer and show your genuinely
Querist :
Anonymous
(Querist) 26 September 2011
Thanks a zillion Mr.Sethi and Mr.Narayanan, i really appreciate you taking time out of your busy schedules and replying to my issue. I really appreciate this gesture of your's.
He has also threatened us that he will try and take dates from court and drag the case and also get a stay order on redevelopment of the building and try to show to the honorable court that the building members have conspired against him for their personal benefits. The allegation is baseless as he was actively participating till his builder was rejected.I just wanted to know can he try and elongate the judicial procedure and get a stay order on the building.
Thank you again for your help Sir's...
ajay sethi
(Expert) 26 September 2011
he can try but he wont succeed .
Querist :
Anonymous
(Querist) 26 September 2011
Sethi Sir, I dont have words to thank you for your prompt responses.Thank you Sir..
We did call the Honorable Registrar and have video recorded our unanimous agreement of the builder, submitted the VCD of the same to registrar's office and obtained an NOC from the registrar's office for the same.We did inform the member of the registrar coming to the building, but he tore the society notice in front of the building secretary and threatened him of dire consequences.
So what should be the next course of action from the society's end and the builder's end.Please suggest...
Thank you again for all your help Sir...
prabhakar singh
(Expert) 26 September 2011
ONLY ONE SHOWING SUCH A HIGH HANDEDNESS,FILE A FIR AGAINST HIM REPORTING THE INCIDENCE FOR INTERFERING IN LAWFUL AUTHORIZED ACTIVITIES OF SOCIETY,AND LET EVERY MEMBER SPEAK BEFORE THE POLICE OF THE INCIDENCE,STATE HE IS INCLINED TO DISTURB PEACEFUL FUNCTIONING OF THE SOCIETY WITHOUT RIGHT,HE DOES NEED LEGALLY TO SUBMIT TO THE DECISION OF THE SOCIETY TAKEN BY MAJORITY VOTE.
Querist :
Anonymous
(Querist) 26 September 2011
Thank you Mr.Singh for your advice, really appreciate your help Sir...
Querist :
Anonymous
(Querist) 27 September 2011
Sir,
If in case he does not agree and society files a case against him or he files a case against the society, as per your expert experience how long should it take to resolve the issue and for the honorable court to rule the judgement in the favor of the society.
We have conducted a structural audit of our 47 year old building and got a review that the pillars,plinth and beams are in a bad shape.
Can this member do something against us in the court? From his end what can he do to get the ruling in his favor, Sorry for the trouble but just wanted to know.
Thank you again for your time and expert opinion.
Querist :
Anonymous
(Querist) 25 October 2011
Hello Sirs,
Regarding this same case, our builder put up his board last evening about the redevelopment, but this disagreeing member in the night threw stones at the board and broke the baord.He also threatened the whole building and in the night pulled out the secretary and chairman and abused them and warned them of dire consequences.
Everyone in the building was startled by this behavior.He has warned us that he will break the board everytime the builder puts it. Please suggest what can be done next. We all are very worried and tensed.
