The builder had constructed a building with 120 flats. Out of this, 2 flats on the 1st floor were joined together to provide health club, restaurant and guest house. Verbally it was told to the 118 prospective buyers that health club etc will be provided for the benefit of residents. though no written documents were provided.
After 5-6 years of providing the above amenities, the builder intended to sell the 2 flats. It is to be noted that the builder was also paying maintenance charges for both the flats as well.
The builder claims that he is the rightful owner and he can sell it.
The Association (remaining 118 owners) wants the service of health club, restaurant, guest house in the same place.
Require advice & suggestion from Legal Expert how Association can avail above services.
supporting case law judgement if available will be beneficial
