Aggrieved soul 09 May 2016

Builder did not share authority letter with flat owners

Hello everyone, We, flat owners, are in dispute with a builder due to negligence in maintenance and not providing amenities as part of agreement. He has taken money for parking and did not return money of few flat owners so majority flat owners stopped paying maintenance, we sent a letter to builder regarding this but we got a letter from builder's employee stating our agreement is terminated with just a sign present and no name present besides 'for builder'. The builder cannot terminate agreement unilaterally however I wanted to know if builder's men can correspond with us without sharing the authority letter especially when it's about terminating agreement etc? There are 3-4 people signing on the letter and none of the signatures are of the builder. We are approaching the consumer court so wanted to know if this is something which we can bring up? Also the Dy Registrar did not bother asking for the authority letter for society formation from the builder's lawyer until we brought it up after 3 months.

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2 Replies

P. Venu (Advocate) 09 May 2016

You can certainly approach the consumer court. A civil action is also possible.

However, before seeking legal remedies it would be advantageous if a Notice through an advocate is servedon the builder succinctly pinpointing and highlighting hsis lapses.

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Aggrieved soul 09 May 2016

Hello Venu Sir,

Thank you for the response. :)

We had sent a letter to the builder asking to provide the authority letter as there was no name of the people who were signing the letter but the builder's men did not send any, kept doing their usual correspondence asking us to pay maintenance which we had withheld and started levelling frivoulous and baseless charges against us as the correspondence kept on increasing.

The builder is also not disclosing the VAT details despite taking VAT money from us or providing us the receipt of the same. Is claiming that now because you and other few flat owners' agreement has been terminated we cannot disclose that.

We have approached a lawyer who has asked us to get all the correspondence done and then he'll help file a reply.