Points for asking a lawyer
- Can any illegitimate undertakings furnished by a purchaser of a flat in a Condominium have a binding effect, as it would be contrary to the guarantees available to the purchaser under the law? Such undertakings are usually forced up on the flat purchasers.
- When does the limitation period of three years, during which the Condominium and/or flat purchasers cab ask the developer to carry our remedial work because of deficiency in materials or workmanship, start for a Condominium? In our Condominium, most of the flats/offices/shops were sold by October 2004. Sale agreement for one remaining flat was registered in December 2007. The flat was conveyenced vide a Deed of Apartment in July 2009.
Doe the limitation period start in October 2004, or in December 2007 or in July 2009? Who can apply the limitation period? Can it be both the Condominium and individual flat purchasers?
- A number of flat purchasers have paid for stilt car parking spaces. As is usual practise, the developer has not issued a receipt for this purchase. Will the affidavits made by flat purchasers that they had paid a sum to the developer for stilt car parking space be admissible in a court of law? If no, will sworn affidavits made in front of a Judicial Magistrate First Class be admissible in courts of law as evidence that the purchasers had purchased stilt car parking spaces from the developer.
- The developers had taken various amounts for specified purposes. The usual practice is that the developers do not refund unutilised amounts to flat purchasers. Can flat purchasers demand the refund of the balance with interest?
- Our Condominium had written to the developers in April 2004 to carry out remedial work on the rear boundary wall because otherwise the boundary wall would get damaged. Our letter was written within the limitation period. The developers have not acted and carried out the requested remedial work. There has been extensive damage to the rear boundary wall as a result of this inaction. Can the Condominium pursue the matter in 2009, citing that we had asked the developer well within the limitation period to carry out repairs.
- Similarly, a number of flat purchasers had written well within the limitation period, asking the developers to carry out repairs in their flats. The developers have remained silent. Are the flat purchasers still entitled to get these defects repaired by the developer at developer’s cost?
