Society entered into an agreement with a builder for redevelopment of FSI of the compound, and one of the condition in the agreement was to shift the ground floor resident of the society to the newly constructed building, and then demolish the ground floor flat for stilt parking. Construction of new building is complete.
Builder said he can't give the flat in the new building because its too costly for him. He agreed to give a flat outside within the vicinity of the society. The resident of ground floor agreed. The builder showed few flats but of poor quality, and so the there was no deal.
The builder is now telling the resident of ground floor to obtain NOC from the society for the builder to allow him to construct another floor in the new building. The society refused.
Now, the resident of the ground floor wants to sell his flat to an outsider. The society says, they will not give permission. The society wants him to file a complaint against the builder in the consumer court.
My question: There is no separate agreement between the builder and the resident of the ground floor. The agreement is between the society and the builder. The indemnity bond written by the builder is in favour of the society. Shifting of the resident of the ground floor was only one clause in the agreement between the society and the builder.
In what way the resident is eligible to file a complaint in the consumer court against the builder?
