Society formation and rights
jayesh sinha
(Querist) 17 October 2011
This query is : Resolved
in a township of 400 residents 10 residents by forming group file case against the builder in consumer court for deficiency in service these 10 residents had purchased flat in year 2007 and filed case in year 2011 buider in its affadavit in consumer court says it is time barred since after giving possession to residents in year 2007 the case should be dismisied for time bar what are the opinion of experts.
i the undersign have purchased flat on resale in year 2011 from ist owner who had executed agreement to sale with buider in year 2007 and execution of sale deed between 1st flat owner and buider done in year 2011 and i purchased on resale in year 2011 does time bar will be applicable to me also what the law says secondly i want to know since now i will be shifting to township can i file case against the buider for defiency in service other than the 10 residents of same township individually it is brought to kind knowledge the is no registerd flat association in the township what does the law says kindly guide me
jksinha
ajay sethi
(Expert) 17 October 2011
have the flat owners requested builder to form society between 2007 and 2011 . what was the builder response?
although builder has given posession in 2007 if he has in reply to various letters declined to form society then members of society can file complaint for deficency in service . the key to the issue is what was done by members between 2007 and 2011 .
has the builder in reply to various letters of members agreed to form society? the issue of limitation would depend upon the facts of case
Advocate Rajkumarlaxman
(Expert) 17 October 2011
If you say and state "execution of sale deed between 1st flat owner and buider done in year 2011" then it means that the OC has been given when or on other way if execution of sale deed is done in 2011 then this itself shows that it is not time barred. his contentions are wrong clearly. you have a good case. and as stated by expert it all depends upon the facts of the case.
Advocate Rajkumarlaxman
(Expert) 17 October 2011
If you say and state "execution of sale deed between 1st flat owner and buider done in year 2011" then it means that the OC has been given when or on other way if execution of sale deed is done in 2011 then this itself shows that it is not time barred. his contentions are wrong clearly. you have a good case. and as stated by expert it all depends upon the facts of the case
Arun Kumar Bhagat
(Expert) 18 October 2011
Mr.Rajkumarlaxman has raised a very good point.
Devajyoti Barman
(Expert) 18 October 2011
The cause of action first arises from the date of sale agreement , thereafter from the date of possession and thereafter on several occasions till the deficiency is corrected by the service provider.
So in my opinion the case does not suffer from any bar of limitation either of ytou or of other flat occupiers.
So concentrate on your case and come victorious.
prabhakar singh
(Expert) 18 October 2011
In the ultimate analysis cause of action shall be found to have arisen in 2011,hence time bar is not a concern in my view.
