LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Rohit Telang   02 May 2021 at 18:18

Parking allotment

I am residing in a big township in Pune built by a topmost builder of Pune. In the agreement the builder has mentioned Exclusive Car Parking and he has taken Rs.3 Lac as Other Charges which we believe are parking charges.The allotment of parking was done by the builder in a totally non transparent manner and out of 840 owners 150 owners were given open parking with a Tin roof over head, rest were given stilt parking.We protested and sent the builder several emails asking him to give us stilt parking or give us back Rs.3 Lac he has taken as Other Charges.The builder has ignored our emails and not given explanation regarding Other charges.The builder is not showing the approved parking plan issued by PMRDA.
The parking for stilt parking is also not done in a serial no. method nor was it done on first com first basis but was done by the builder on his own..By taking parking charges as other charges and giving us open parking the builder has cheated us.My question is whether we can approach the district consumer forum in the matter?What are our chances of winning the case?What will be the lawyers charges,if we proceed for the court case?How much is the court fee?Waiting for your reply.

Anonymous   21 September 2020 at 22:24

Allotment of tin roof parking in the compound of the society

We the 150 owners out of 840 in a Township in Pune were allotted Tin roof parking in the compound of the society, other owners got stilt parking. In the agreement 3 Lac is shown as Other Charges and re. Parking the words are exclusive car parking. We believe the sanctioned plan does not show the parking area in the compound. The other charges are certainly parking charges. Despite 3 emails to the builder and meetings with his rep. did not yield any result. The builder ignored our mails. We asked him to refund Rs.300,000/-,but no response. The builder is not showing the original sanctioned plan showing parking area. The parking allotment by the builder was without transparency. What rights we have? Should we complain to RERA or go to consumer court? How strong is our case and how much it will cost us and the duration for the result?

Rohit Telang   15 March 2020 at 11:05

Tin shade parking

I purchased a flat in Hinjewadi,pune in a township project.The society was formed.In the agreement regarding parking the builder has written Exclusive car parking.After the allocation of the parking slots 180 members out of 800 were allocated tin shade parking in the compound of the society .Its an open parking with a fibre roof overhead with other sides open to rainwater and dust.Others got the stilt parking.The builder has refused to listen to the affected members.He has taken Rs.300,000/- as other charges which we believe are parking charges.We gave him options like constructing an RCC parking on Tin shade parking space or give us back Rs.300,000/- with interest.He refused.Do we have a strong legal case? If yes,how and where to file and the cost of it?

Rohit Telang   12 October 2018 at 22:53

Compulsory charges of society on tenants

I am residing as a tenant in Kandivali East,Mumbai for the past 2 years.Before granting
NOC for tenancy the society told me to pay Rs.8000/- per year for swimming pool and gym.Although I told them that I do not need those facilities the society office told me that its compulsory for the tenants to pay whether they use the facility or not.The owners are not charged anything as they had paid onetime for this when they purchased the flats and in their maintenance bills no amount is charged for this.The society refuses to give receipts for the same.I paid by cheques. What is the remedy for me to recover the amount.Can I complain to the dy.Registrar?

Rohit Telang   26 August 2018 at 19:57

Imposition of fine by society

I have a flat in PCMC area of Pune.I kept tenants last year and gave the society police verification and agreement copy.This year in April I renewed the L&L agreement and gave the copy to the society.In June this year the society passed a resolution for giving police verification and agreement copy by the owners for existing and new tenants and a fine of Rs.5,000/- if not providing the documents.I gave the new agreement to society and informed them that the police verification was given last year.The society replied that they have misplaced the previous documents and asked the members to provide the copies of the previous police verification.The society extended the date for providing the copies but due to some communication gap I could not provide the previous copy of police verification.After the expiry of the date I managed to give the society a new police verification,but the society imposed a fine of Rs. 5000/- for providing it late.My request to them fell on deaf ears.
My question is if the society misplaced the previous documents can she fine me for not giving new docs on time? the society did not inform me of the extension of date through email on common floor.Is society justified in its acts and what is the remedy for me?

Rohit Telang   14 December 2017 at 22:47

Cumpulsion to pay club fee by tenants of a cop.society.

I am staying as tenant in a cooperative housing society in Mumbai.As per societies condition for keeping a tenant by the owner the tenant has to pay Rs.8000/-PA.as a club fee,whether he uses or not.Again the society is not issuing any receipt for the same.If the tenant refuses to pay he is not allowed to be kept as tenant..I want to know if this practice is legal as per law and if not where can I complain about it ?This my 2nd year and last year also they refused to issue anyy receipt.The payments are made by cheque.

Rohit Telang   26 July 2014 at 21:07

Effectiveness of consumer courts

As per our lawyer going to consumer courts is a waste of time as very few CHS gets compensated in a timely manner.As per the lawyer it takes many years to get sufficient compensation.Is it true that although newspapers publish the news of consumer courts granting compensation actually very few get compensated as the builders go in appeal and ultimately CHS gets frustrated due to long long delay and give up the fight?Is it not lack of justice for consumers in India due to inefficient government which is insensitive to the flat buyers?

Rohit Telang   23 July 2014 at 13:33

Effectiveness of consumer courts

Ours is a CHS in Pune.As our builder did not provide us promised amenities like Swimming pool,clubhouse etc nor did he make conveyance deed,we engaged a lawyer who filed a criminal case against the builder for not making conveyance deed.As per the lawyer going to consumer court to get the compensation is a waste of time as very few societies get proper compensation and is a very time consuming process.Instead he says once the builder gets summons from the court he will automatically come forward for settlement.Is the view of the lawyer in not going to consumer court and filing criminal case against the builder to get compensation correct? I want expert opinion on this.Our case against the builder is very strong as he has not even handed over any accounts to society nor did he come forward to form the society.We did it on our own.

Rohit Telang   20 February 2014 at 23:43

Action against defaulter in housing society

We have a few defaulters of monthly maintenance in our housing society.We issued notices to them through our lawyer.the lawyer has proceeded for section 101 under maharashtra coop.societies act.How long does it take to get the amount due from such defaulters ?These defaulters have given their flats on rent.Can we stop the water supply to these tenants or cut their electric supply?or can we stop their garbage collection?What exact punitive action can we take against these tenants of defaulters? We are unnecessarily paying the common charges for these defaulters?Is it not injustice to honestly paying members?

Rohit Telang   20 February 2014 at 23:32

Conveyance deed and case against builder

Our builder has not done conveyance even one year after formation of society.Also he has not given us many amenities like swimming pool,clubhouse etc.For this we engaged a lawyer to go against the builder in consumer court.This lawyer has taken a lot of time to issue notices to builders who were partners.
This lawyer now says he will do the conveyance deed first which will take at least 4 months.After that he is going to consumer court against the builder.We have engaged this lawyer 6 months back.He took 6 months to get records from the corporation like sanction plans etc through RTI.
My question is can we ask the lawyer to go for consumer court immediately along with the deemed conveyance?The lawyer is getting retainership on yearly basis.If he goes to consumer court after 4 months,it will take much time for verdict.Is there any connection between Deemed Conveyance and the consumer court case against the builder?