Municipal corporation related
TR Madhavan
(Querist) 19 December 2011
This query is : Resolved
After we filed a consumer dispute against the builder related breach of sale agreement in Jan. 2006, in the year 2008 building regularization scheme was introduced and municipality issued notice to the flat owners stating that, the constructions are not as per the approved plan. The flat owners applied for the regularization by paying initial amount. Later, we came to know that, there was case between the builder and the municipality, which had gone in favour of the municipality and appeal suit was pending. Through the association necessary letter was sent and got the information. In consumer dispute the details of the cases were mentioned, but, could not get any relief related to it when the final orders were pronounced in favour of the flat owners asking the builder to provide amenities etc as per the sanctioned plan and agreement. The builder has filed an appeal before the national consumer commission and case is to be listed for final hearing in due course. The writ petitions are pending before the A P High Court since 2008 related to the issue filed by the other association, municipality, builder and other department has not filed their counter reply till this date.
Documents and judgement copy sent in the attachment is self explanatory. Basing on it I would like to write to the municipal officials what action will be taken against the builder as per the act & rules prevailing.
The flat owners building regularization applications is still kept pending by the authorities.
Please kindly give necessary advice in preparing the questionnaire so that, I can get correct information required from the officials. The reply document could be submitted as additional evidence before the national commission for necessary relief.
Should it be under RTI act or regular questionnaire?
Raj Kumar Makkad
(Expert) 19 December 2011
Your matter between the builder is of no much consideration but the stake of all of owners of the society is pending before the appellate court wherein the builder has filed an appeal against the judgment of the lower court seeking regularization of his construction. It is better for you association to become a party to that litigation and put your case firmly otherwise the contest shall remain between the builder and municipality wherein you shall be ultimate sufferers. You all may plead therein not to penalize the owners of the building due to lapse on the part of builder in the construction and it be regularized by charging a nominal penalty etc.; if required so.
So far as you other issues are concerned, those are already in your favour. You can seek execution of the orders/judgments passed in your favour against the builder.
First confine to the regularization of building construction case because if any adverse order is passed, you shall have to face dearly.
TR Madhavan
(Querist) 20 December 2011
Rajji, thanks for the opinion given I have enclosed the judgement copy appeal suit also which has gone in favour of the municipality.Please kindly go through the documents and advice as requested.
Guest
(Expert) 20 December 2011
Agree with Shri Makkad.
