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Kumar Kumar (HOME)     17 August 2018

Builder selling supermarket & coffeeshop from amenities

Dear Team

I have recently bought a 3 BHK Flat in Hyderaabd in a Gated Community that falls in Gram Panchayat area and got the property registered too. As part of the sale consideration, I have paid 2 Lacs for Amenities that include all facilities in Club House ( with supermarket, coffee shop , swimming pool, gym etc...). I have ignored very important clause in the sale deed that builder has put. Builder has put that he has sole right to sell Departmnetal store and coffee shop and I as a flat owner will absolutely have no objection.

Builder has declared recently that he has sold the departmental store and coffee shop too.

My question now:

1) Can I along with other flat owners ( we understood that we are deceived now ) fight a legal case with builder go get our amenities back and compell him not to sell these amenities to outsiders.

2)We are yet to ge Occupancy Certificate for our project and have not yet fromed any association.

 

Please guide.

 

Regards

Kumar



Learning

 2 Replies

P. Venu (Advocate)     17 August 2018

The query suggests no legal elements, but the residents can form an association and take over the management of the Clubhouse.

Kumar Kumar (HOME)     17 August 2018

Dear Venu Garu

Thank you for your response. But, how can we stop builder to sell super market and other areas to third party ( outsiders ). We have already signed sale deed that says club house is owned by Builder and we have no right. Sale deed that is signed by us says outside play area also is owned by builder.

 

Please suggest.

 

Regards

Kumar


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