S K SINHA
09 September 2014 at 12:26
Dear Sir,
WE have 22 flats in our new building. 7 are owned by individuals, one flat each. 2 are owned by one owner.Another 7 flats are owned by a Company(investor), and 6 are owned by another Company(investor). In this case how many promoters are required for formation of Society? According to my understanding there are total 10 promoters only in our case. Can we ignore both investor Companies and form Society. Is it advisable?
Kindly guide,
Warm regds,
S K Sinha
S K SINHA
19 July 2014 at 15:55
Madam/Dear Sir,
Recently I purchased new flat from builder. Registration done and possession taken. I am staying in the flat now. Building has 22 flats , 10 flats are purchased by end-users and remaining by an investor. OC is dated January 2014.
In registration deed following conditions are mentioned.
1.After possession is handed over to the purchaser, the purchaser shall have no claim of any nature whatsoever against the builder in respect of any item of work in the said premises which may be alleged not have been carried out, completed or otherwise for any damage and deterioration.
2.Upon possession, purchaser shall shall have no claims against builder in respect of any items of work in the flat.
3. Purchasers can form Society by any name but they cannot change the name of building.
---after taking possession several shortcomings are emerging. We have brought them to the notice of builder verbally and also by registered letter signed by all 10 owners of flat. He is not forming Society also. Do we lose our right to take builder to Consumer Forum due to such conditions that we have agreed to, albeit under ignorance. We trusted builder.
Secondly,can he impose a condition about non changing of building's name?
Thirdly, several features were written and displayed on the brochure , but these have not been provided. Builder says brochure has no meaning, But we were influenced by the contents of the brochure given to us before sale. For example it said that Video-door phone and intercom would be provided, Kitchen shall have tiles up to roof, there shall be arch on the gate etc. Nothing has been provided.
Fourthly, if we go for formation of Society with/without cooperation of builder, shall purchasers lose their right to remedy for common defects/ shortcomings?
Kindly guide . Warm regds,
S K SINHA
13 June 2014 at 13:29
Madam/Dear Sir,
pl let me know the Section/Act under which it is mandatory to insure a CHS.
regds,
S K Sinha
S K SINHA
30 May 2014 at 15:17
Madam/Dear Sir,
Recently a DCF has decided in my favour. But the builder is refusing to honour the award. What remedies do I have?
S K Sinha
S K SINHA
06 March 2013 at 16:39
Dear Sir,
I retired from the services of Joint venture Co(JV bet public sector bank and a foreign collaborator). I worked there for two years and retired on attaining age 60,on 1st Nov,2012. despite reminders I am yet to get leave encashment, PF etc. I really dont see any reason for this delay. pl guide me, thanks,
Sadan
S K SINHA
23 January 2013 at 18:39
Dear Sir,
I have two queries,
1. In car insurance, the cover note shows term of insurance as one full year(365 days). but when he received the Policy Bond, the term is shown as 6 months only(ostensibly, because premium was short charged). In case of claim, which one will prevail-- Cover Note or Policy Bond? Our plea is that Policy Bond will prevail over Cover Note.
2. One of my friends has purchased a second hand Truck. Will he get NCB? His insurer is allowing NCB. Our take is that since there is change in ownership no NCB can be transferred to new owner. If my friend gets his truck insured with NCB, what impact it shall have on Claim?
Thanking you,
S K Sinha
S K SINHA
01 August 2012 at 13:00
Madam/Dear Sir,
In response to an ad, I subscribed to two magazines namely Outlook Money and Outlook Business in Dec 2011. They had announced several prizes also. No closing dates for campaign was announced. Recently, I sent a mail asking abt closing date of campaign and publication of results. In stead of replying, they have written that I got a prize of two issues of a magazine.
On their site however , this campaign is still on. So how can they announce prize even before close of campaign? There has to be reasonable time for closure of a campaign. Here it is running for 8 months. they are neither closing the campaign nor announcing the results. What legal rights do I have. Pl help.
S K Sinha
Member Strength 9,50,432 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Is buyer of flat from investor a consumer of builder
Madam/Sir,
My building has 22 flats. 13 owned by two investors, 2 by one family and other 7 are individual buyers.
As builder did not provide statutory items like Solar Water heater or Fire protection system, non formation of Society, etc we went to DCF.
The builder has pleaded that those who purchased flat from investors are not their consumers as they have not purchased directly from builder. Investors flats were lying vacant and buyers are first occupant as can be verified from electricity meter reading etc and also from the non occupancy charges being paid by the investor.
Are such buyers a consumer of builder or not. Kindly enlighten me.
Thanks and regards,
Sadan Kumar Sinha