Amenities dispute with neighbour, seems bad intentions of builder
Nydv
(Querist) 31 May 2016
This query is : Resolved
Builder designed phase 1 with D1, D2 buildings having 56 flats and 56 rowhouses/bunglows. But he
kept separate entry gate for buildings & rowhouse with big wall in between. He provided common amenities(club house, swimming pool, borewell) in rowhouse complex which supposed to be common for both. STP tank is also common and it is on side of D1, D2 building. But rowhouse people refusing us to use amenities on the basis that in their agreement builders mentioned amenties only for row houses. Because of that we people living in D1, D2 are not able use these amenities and builder is also not taking any action for that....So at personal level i am not able to use amenities promised to me by builder hence want to see legal relief for same. One of bunglow resident already filed a case against builder on 09Mar2016 in Civil Court Senior Division, Pune for which motive we also do not know. In my sale
agreement list of amenities clearly
mentioned by builder.
Please let us know where we should approach to get access to our amenities: Consumer Court or Civil Court and what would be possible solutions here ?? We are not looking for Compensation as that will not solve our problem as our children needs promised amenities(club house, swimming pool) for enjoyment.
Understanding of one of lawyer we met :
As of the present situation as per your stated facts it is clear that you are already in possession of the property and are living the the so called society of flats where two types of flats are sold by the builder and occupants are living peaceful except the dispute over the use of common amenities. It is also apparent from the facts stated that there is no dispute about the construction and handing over the possession of the flats in question and also about the construction of the common amenities according to plan. But only about the use of amenities. It is to be decided before any further course of action whether the dispute of use of amenities is with your so called neighbor in row houses or with the builder.
Which court consumer or civil court is
still not answered by him ????
H.M.Patnaik
(Expert) 31 May 2016
From the above posting it is clearly understood that only point of dispute is regarding restriction in usage of common facility .
It means since handing over of possession of the property, there is discrimination between two categories of property owners as regards use of common facility even though the const'n is as per plan and no such debarment from usage of common facility finds place in the sale agreement.
The real dispute is between owner of Row houses which forms part of the building complex and the other house owners. So, in my considered opinion the present dispute can only be resolved by competent Civil court.
Nydv
(Querist) 31 May 2016
@H.M.Patnaik
Respected sir, yes your understanding is 100% correct and just to add one more point :
we had not read agreement of row house people but they verbally claiming that builder mentioned all amenities exclusive to them only and i guess on same basis they have filed case in Civil court in march 2016 against builder.
Is just waiting for their case result with builder would be a wise decision ?? if they loose case then it will be our gain and we will not have to spend money on hiring lawyer and filing case.
Only issue is their case in civil court may take long time and current they are only enjoying amenities and our children are blocked to enter in that area.
Please suggest.
Nydv
(Querist) 07 June 2016
requesting experts to give opinion on these two questions of me :
Two main questions :
1) Which court consumer or civil court is still not answered by him ????
2) can we get stay order on user of amenities so that rowhouse also stop using them and they bound to start talk?
H.M.Patnaik
(Expert) 07 June 2016
Ans.
1) This is a civil dispute.
2)Since the case filed by Row house owner is sub-judice and no new dispute have cropped up, grant of Stay would not be considered..
Nydv
(Querist) 07 June 2016
Case is filed by one individual of row house against builder for which details we do not know but looking at ecourts.gov.in we found that case with details as :
Court Establishment :
Civil Court Senior Division, Pune
Case Type : R.C.S
Under Act(s) : Specific Relief Act
Under Section(s) : 34
You can better comment on it about purpose of that case based on act.
