In chs front terrece sold out
Querist :
Anonymous
(Querist) 18 December 2011
This query is : Resolved
in chs the front part of the terrece is sold out to the top flr person ,society is mum and afraid to act because well know personality has bought the front part from the builder and closed the front with seperate door before the society was formed.so what can now a member can do anything or force the society to take action or what ???
V R SHROFF
(Expert) 18 December 2011
If any of member can prove by his Agreement that the front part sold was for a common use by all members, and that was so included in Building Plan passed , and sold to him on that basis , and he paid for that common terrace, it will work.
Any change in Building Plan, and the area, otherwise not to be sold, is sold by Builder, you can take action
Most probably you will win.
As it is before the formation of Society, Society cannot object, but members as Purchaser of Property / individual can object this act.
Being consumer of builder's services, can go to consumer court, get injunction. Even Civil Court will order injunction to sell. Also involve Local Body, weather it was included in FSI?
Do it fast, within 60 days of door.
ajay sethi
(Expert) 18 December 2011
what do you mean by fornt part of teraace is sold out ?
if society has been formed society must be having copy of agreement entered into by each flat owner with the builder .
go through the agreement entered into by the builder with flat owner of top floor .
in addition scrutinise building plans sanctioned by muncipal corporation .
if you find the agreement does not provide for sale of front portion and member has wrongfuly encloased it write to the secretary of society complaining about encroach,ment .
in addition complain to ward officer of muncipal corporation abouyt the same
Raj Kumar Makkad
(Expert) 18 December 2011
I think author is very much clear in raising in his query but we experts seem confused to reply his proper query.
As the person who has illegally bought the common passage of the society from the builder is very influential person so officials of the society are not taking any action against him or the builder whereas the members are ultimate sufferers so author wants to know the action plan.
As sale of common passage/places of society is illegal so you can make complaint to joint registrar of area and if he remains fail in his duty to ensure removal of encroachment by way of directing the society officials to perform it then you should file a writ petition before high court impleading the joint registrar also as one of the respondents.
Shonee Kapoor
(Expert) 18 December 2011
Agreed, make a complaint before the registrar of societies.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 18 December 2011
advised to proceed as suggested by Mr.Makkad.
