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KALYANJI (PROP)     20 August 2010

SOCIETY PROBLEM

HI TO ALL

I HAVE PURCHASED 2 SHOPS IN YR 2000 BY BUILDER IN NEW CONSTRUCTED BUILDING AFTER PURCHASING I GOT TO KNEW THAT THERE WAS SOME DISPUTE BETWEEN BUILDER & RESIDENCE OWNERS AS IN FIRST PLAN HE HAD ONLY SHOWN RESIDENCE BUILDING BUT DUE TO ROAD CUTTING HE GOT SOME MORE FSI WHICH HE UTILISED BY CREATING NEW SHOPS ON GROUND FLOOR BY AMENDING PLAN WHICH HAS BEEN APPROVED BY BUILDING  PROPOSAL DEPARTMENT.RESIDENCE MEMBERS FORMED SOCIETY IN YR 1999 JUST 3 MONTHS BEFORE OUR AGREEMENT WAS REGISTER NOW THEY ARE NOT ACCEPTING US AS THE MEMBER OF THE SOCIETY SAYING THAT THE SHOPS ARE ILLEGAL & NO O/C HAS BEEN PROVIDED.ALSO SHOP OWNERS HAVE NOT GOT NOC FROM THE SOCIETY BEFORE PURCHASING THE SHOPS. WE HAVE WAITED FOR 10 YRS AS BUILDER TOLD US THAT HE WOULD SORT OUT THE PROBLEMS WITH THE SOCIETY BUT HE DID NOT TAKE ANY ACTION SO WE REGISTERD THE CASE WITH REGISTRAR OF SOCIETY FOR MEMBERSHIP OF WHICH ORDER CAME IN OUR FAVOUR BUT SOCIETY IS PLANING TO GO FOR APPEL ,SOCIETY IS NOT ALLOWING TO USE TOILETS TO SHOP OWNERS PLEASE LET ME KNOW WHAT ACTION CAN WE TAKE AGAINST BUILDER & SOCIETY.



Learning

 1 Replies

VIJAY SHAH (REAL ESTATE CONSULTANT)     26 September 2010

Let  them go for appeal.

There  is  no  need  to obtain  N O C from  society ,as it  is  first  sale

If you  are  in  Maharashtra, you can ask for suitable  order  from  civil court  to issue suitable  order  under clause 12 A of Maharashtra Ownership  flat act (disconnection/withdrawl of essential  service ) for  using  toilets

You  can  make  police  compliant  for  withdrawal  of  essential service


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