Legal Change in Structure after occupation of Building & formation of Housing Society
sampat mane
(Querist) 06 January 2011
This query is : Open
Dear Experts
We are the residents of B & C Wings of the Building known as “Kailash Park” Bhandup W Mumbai 400078. of which M/s Umiya Associates is a Builder/Developer of the Plot.
Most of the Flat owners had purchased in the range period between 2007-2009 vide sale agreement which was supported by initial layout plan shown in Brochure. In this the open area was in front of the C wing was shown as common area for shops & flat owners of B & C wings.
Even after complete occupation of the flats the builder did not form a co-operative housing society or co-operate with the residents to form so. Also the maintenance & property tax from the date of occupation was regularly paid to him. This was not reciprocated in the account books of MCGM. The property tax was not paid in full. Also the flats were not properly maintained despite charging huge rate.
Hence the flat owners decided to stop paying the maintenance & property tax and further to go ahead to form a co-operative housing society despite the objection from the Builder. On 12th Oct’ 2010 the co-operative society was registered accordingly.
After the initiation of the formation of society, the builder got this layout amended to suit his requirement. His intention was to exploit the potential of plot in question for his profit at the cost of the flat owners.
Now since the co-operative society has finally registered and a subsequent notice / letter was duly served to the builder for executing conveyance for the layout as mentioned in the plan shown during the sale-agreement. The builder did not heed to the request and started his construction at the open space which was common area for shop owners & the Flat owners.
I would like to ask the honorary experts the following:
Can the builder change the layout plan once the occupation is done in the building.
The plan of constructing shop was beneath the c wing earlier but after getting sanction from the Municipality upto plinth level, now he has left some 6 feet space between the building & new construction of shop. Is it valid? What if any fire incident occurs?
The proposal is constructing shop on grd floor & terrace on top which can be varied at his whims.
What the registered society can do take action against this unscruplous builder for stopping the said construction?
How do we proceed to recover our old outstanding paid to the builder?
How to we go for conveyance deed?
Can we file court case in civil court & consumer court and on what grounds?
Please advise.
Sampat MAne
sampatmane@yahoo.com
