Flat in jaipur, builder not giving common area to society
Manoj Saraogi
(Querist) 06 January 2012
This query is : Resolved
I had bought a flat in august 06 in jaipur where in i was promised that the building will have a community hall for common use(also mentioned on the broucher) and i will be alloted a dedicated covered parking. our appartment society was formed on 1/04/09..my queries
1. the builder is not giving the possesion of the community hall to the society instead he says its his property, as per the agreement that we had executed it said that the flat was being sold along with undivided share of land and common area of the building but the sale deed executed said that common area will belong to the first party i.e. the builder further it has no mention land in it, it also said that being member of the society was compulsory. the builder has possession of the community hall and demand for money for use by him.
2. He has alloted 25 parking in the building where in only 18 are approved by JDA, thereby encroaching the common area of the building and allocating the same for parking
I filed an RTI with the JDA to clarify the above point and it has stated that community hall has been approved as part of common area and total parking is 18 and it cannot be sold or changed by the builder. Further i also got a supreme court judgement which said that the builder cannot sell common area and the land and common area should be convenayned in favour of the society, it further said that the builder has the right to sell only flat (for residential apartment) and not any other part which is not flat.
sir pl provide ur opinion in this regard as to how we should proceed to get our right.
manoj saraogi
9414054033
Raj Kumar Makkad
(Expert) 06 January 2012
Your opinion based upon supreme court judgment as well as information provided by JDA is accurate. The builder in your case is acting illegally so his actions are required to be rebutted by way of legal action. Duly formed society is owner of the common utility services including hall and parking space. No encroachment can be allowed in the hands of builder as described in your query.
Manoj Saraogi
(Querist) 07 January 2012
Dear Sir..
i am really greatful to u for for ur reply..sir i would like to know if we should file a case in the consumer court or a civil court to get relief..i have been told that consumer court can provide me only monetory relief and cannot direct the builder to act as per law and handover the possession of the building to the society..is this correct?? i have seen some judgement of consumer court which had directed builders to work as per law and handover the building to the society and remove all construction that is not legal
further in our apartment we 4flats are unsold and 4-5 flats are on rent where in flat owners are out of station and we are 7-8flat owners who are residing in the building can we flat owners proceed with a case as a group..
regards
manoj saraogi
9414054033
Deepak Nair
(Expert) 07 January 2012
A consumer case is not maintainable in your matter. Please consult a lawyer in your locality for better advise and services.
Mr.Rajkumar has rightly advised you above.
Shyam Ji Srivastava
(Expert) 08 January 2012
Consumer case is maintainable. You contact to a good local lawyer specially expert in consum,er case and |I hope that you will win.
Shyam Ji Srivastava
(Expert) 08 January 2012
If any citation is requiresd you may contact on mob. 09839028040
