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KKV Yasas (retd from defence)     17 October 2009

Builder vs Association of flat owners

We live in a flat as part of 39 total flats.

The builder left an unfinished 4th floor for the last 5 years, because there was no approval for the same. But he went ahead and made the 4th floor shell, installed electricity meters etc, at the basement and pays electricity bill for the electricity  consumption (some minor amount for the 10 proposed flats on the 4th floor).

The Association which is 5 years old, is not clear whether he now has a right to build the 4th floor, if he is given permission now because for the last 5 years, the association has been in place and the builder has not made any payment towards any monthly association fee etc.,

the builder holds the building documents, maintenance money collected etc.,  and keeps sending court notice once in a while prohibiting the association from taking any legal step?

can someone advice what must be done? The builder does not own any more flat in the building but one of the occupants has not yet transferred the katha on his/her name.

under the circumstances what must be done by the association which is under Karnataka - bangalore ?

 

thanks in advance.

 



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 October 2009

The association should file a suit or writ before High Court stating therein al the facts of the matter as narrated by you seeking his ouster and complete accounts of maintenance charges and handing over all matters of falts to the association. I hope suitable decision shall be pronounced therefrom.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     17 October 2009

I SUGGEST TO FILE A writ in KARNATAKA  H.C MAKING CORPORATION OF BANGALORE AS PARTY TO DIRECT HIM  LOOK INTO IRREGULARITIES OF APARTMENT & FLAT OWNERS RULES AND REGULATIONS.


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