1st floor owner trying to encroach upon 2nd floor dda flat
akash
(Querist) 31 May 2013
This query is : Resolved
Hi Experts,
I am the owner of a DDA flat on 2nd floor. The owner of the first floor flat had a balcony which he covered to make a room in the year 2005. They asked me to share the expenses so I could use his new roof to construct a room above it.
I gave a bearer cheque of some amount to them which they encashed (I have a bank certified copy of the cheque). Due to time constraints, I could not construct the room till now. Now after 9 years, I want to make a room but the 1st floor owner has backed out and is not allowing me to make the room saying he has the terrace rights and not me.
1) There was no formal agreement done since this was essentially an unauthorized construction, as it is a DDA flat.
2) How can I enforce my right on the terrace, since I have paid for it, in the absence of the agreement? The payment proof is the bearer cheque in the name of the owner of the 1st floor.
3) The 1st floor owner is also trying to occupy the terrace and make a room there, so essentially trying to make a room adjacent to me on my floor.
How can I enforce my right over the terrace? Can I lodge a complaint for fraud?
ajay sethi
(Expert) 31 May 2013
complain to DDA about unauthorised alterations made in DDA flat by 1st floor owner . you dont have any terrace rights . peruse agreement entered into with DDAas far as your rights are concerned
