Viral Videos Shop 02 May 2023

Builder is not allowing my in laws and brother to use the clubhouse in township

I Stay in Mumbai. I purchased the flat in a big township. I am a working woman having a small 8 years old kid. My both in laws, my own mother ,and my brother stays with me on permanent basis . My husband has demised long back.

I have paid the clubhouse membership charges and maintenance in advance for 2 years as per the rule said by builder (about 1500 Rs per month for clubhouse which includes gym, swimming, library, tennis court, pool table etc). As they said clubhouse is accessible to 6 people in the family and they will provide 6 clubhouse membership cards after filling of form.

I am not at all interested in all these facilities as I don't get enough time but my Father In-laws is interested to use the library and my brother do gym and swimming on regular basis.

But management from builder saying that clubhouse is only accessibly for owner of the flat, husband and children and not for all family members though they are staying their for lifetime. If it is the case then my money is total waste. Paying 18000 annually and that for lifetime is not convincing.

What Can I do in that case?

Thank You

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3 Replies

P. Venu (Advocate) 02 May 2023

The so called rule is unfair. The builder cannot make his own rules and provide artificial definition to family. You may a serve a legal notice (though not mandatory) and initiate a civil action, if so required. Of course, you can appraoch the High Court in a Writ Petition as well.

If there are any specific laws in force in your State in this context, you can initiate action in accordance of the provisions of the said law and rules, if any, thereunder.

Adv. Mohit Chahal (Advocate) 02 May 2023

Dear Querist

If clubhouse rules are arbitrary then the same may be changed according to genuine requirement of residents. File an application to the concerned authority for your genuine requirement, if problem not resolved then you may send legal notice to the township.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site

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T. Kalaiselvan, Advocate (Advocate) 03 May 2023

You issue a legal notice to the builder in this regard and instruct him to restrain from preventing your family members to use the said amenities.

You can ask his authoiruity or the rule that prohibits the family members staying in the flat restricting them to use the facilities/amenities especially when the charges are collected from the member/owner in advance.

You can ask him to return the amount or else to face legal consequences through court of law of consumer forum for his unjuistified unilateral decision.