Redevelopment complaint
Namrata
(Querist) 31 October 2015
This query is : Resolved
Hi all Repsected Sir/Madam
I would like to ask you one query related redevelopment.
against redevelopment v hv filed suit in city civil mumbai.
Managing Committee Members doenst followed rules of society act for redevelopment. Building was in dilapidated condition, so people was not staying there since 2 to 3 years.
Managing Committee issued tender in 2010 and opened in 2012 and passed resolution in 2012 i.e. after 2 years.
Is that proper to open and passed tender after 2 years?
4 people not even handed over possession of there flats and not even signed any consent letter or agreement for redevelopment still society demolished building by taking advantage of notice us 354 of bmc.
Can they do such things without using due course of law for vacating flat holders?The Said managing without having authority done the said demolition work after getting notice of motion from us.
The said managing commitee members period lapsed in 2013 nov and they got extension from registrar but that letter clearly mentioned that no major decision shall be taken with respect to society.
Still they done such act and even managing committee as their own demanded notice of pull down from BMC vide written application.
Is that correct way of demolition?
loopwholes in redevelopment:
1. tender taken in 2010 and open in 2012.
2. they are never diclosed anything about fungible FSI in GEn. Meeting and then directly PAP agreement executed with other for area 380 sq. ft. including fungible. Is that right?
3. Gen. Body passed that builder will give 0.33 FSI in terms of Compensation or Area but now builder not get agreed and even denying that 0.33 FSI applicable to Mumbai suburban. But v hav receipt through which they have purchased said add. FSI by paying premium.
4. Due to rent all members are with them and v r only 4 who fighting against all illegalities.
V r not actually against redevelopment but against illegalities and fraud.
Is there any positive chances of getting justice.
V have evidence but no registrar, no co-operation commissioner and no court r able to look into detailed of those documents. They are just giving judgment on majority.
that means if majority supports illegalities then minority also have to go with them.
This is total injustice with honest society members.
Many advocates r negative about matter. They are saying that there are many judgment in favour of majority only.
kindly provide us proper guidance.
R.K Nanda
(Expert) 01 November 2015
query too long.
Rajendra K Goyal
(Expert) 02 November 2015
Consult senior local lawyer, show him all the documents and discuss in detail.
T. Kalaiselvan, Advocate
(Expert) 02 November 2015
What may be the solution for the majority people may appear to be an illegal move to the so called minority group. No doubt no injustice can be done to any individual on any ground whether majority approved project or otherwise. In your lengthy narration you have never mentioned that whether you approached court of law seeking justice to the illegality done to you four, what is the court verdict to your claim?, have you represented your grievance before any consumer forum at least? Did you send at least a legal notice registering your protest/objection, what was the reaction and whether you pursued the matter by escalating the same with the court of law seeking remedy for the illegal act done against you?
You may reply to the queries raised so that you will get more and proper opinion to your query.
Namrata
(Querist) 09 November 2015
Sir, v hv send legal notice but no reply frm builder and even committee not accepting our any letters. Its got returned. V hv filed matter in city civil court mumbai. But still pending. Due to court judge place vacant. V hv not filed matter before consumer because v hv asked one advocate whether to approach consumer court, then he said tht this matter wont go before consumer and u r in minority. So nothing ll happend. V hv against frm start. So v hv not individually entered into any agreement or consent letter with builder. Kindly guide me.
Namrata
(Querist) 09 November 2015
Sir, v hv send legal notice but no reply frm builder and even committee not accepting our any letters. Its got returned. V hv filed matter in city civil court mumbai. But still pending. Due to court judge place vacant. V hv not filed matter before consumer because v hv asked one advocate whether to approach consumer court, then he said tht this matter wont go before consumer and u r in minority. So nothing ll happend. V hv against frm start. So v hv not individually entered into any agreement or consent letter with builder. Kindly guide me.
