Law of apartment in west Bengal
debjit majumder
(Querist) 09 January 2011
This query is : Resolved
Dear Sir,
Pl let me know the actual rules(Building & apartment Law) regarding the garage space of the apartment.I do hereby attach my file for your ready reference.
Thanks.
Debjit Majumder
Can promoter the garage space and guard room other than the flat owner?
I purchased a New 2 Bed room flat (685 sq .ft, ) in the Garia area ,Kolkata -154,W.Bengal in Jan' 2010. Now there are 8 No. of owners (family) purchased and living in this 5 storied (Total area is more than 4 cottach) apartment . Each floor consists two flats . There is a garage space( 600 sq.ft. (Appx) in our ground floor. Now our promoter says he wants to sell the garage space to any outsider/otherwise we( all flat owners) may purchase the space . Actually, now a days ,Consumer Forum ‘JAGO GRAHAK JAGO’ ,is giving the information through the Newspapers, Electronic Media in this matter to the consumer very often .As per their Circular, it has come to our knowledge that the promoter can not sell the garage space either to any flat owner / to any outsider. This space will be treated as equal right to use by all of us.
Secondly, the promoter did not allotted the guard room as per the plan. He already converted the guard room to a shop and sold it to outsider .
Our question is that ,
1.Can he sale the garage space and the guard room in this way .
2. What is the rule .
3.If his proposal is illegal then how can we proceed to stop him.
Pl help us by your response.
Thanks.
Debjit Majumder and All the members of Association
Rajeswari Apartment, Garia, Kolkata ,West Bengal
Devajyoti Barman
(Expert) 09 January 2011
Dear Debjitbabu first clarify whether you flat owners have ot reistered yourself as a registere society or not.
The problem you are talking about has become a menace in and around Kolkata.
1. The promoter certainly can not deviate from hs commitment of giving a garage space to all of you and then sell it off to some stranger.
2. The rule is the promoter if covenants to provide some space as coomon space then he can not sell it to a stranger for gain.
In your case even if the promter has done this illegal act, his wrongs can always be corrected through proper legal recourse which we happen to do quite often in kolkata.
R.venkatesh Naidu
(Expert) 13 January 2011
Mr. devajyoti Barman says correct. if you feel the contractor cheated, you can claim through proper legal recourse
