Builder and mc hand in hand
Rakesh
(Querist) 05 February 2014
This query is : Resolved
Hi I am from Mumbai, I have purchased my flat in 2009 and builder gave possession in 2010 Nov (one year after mentioned date in the agreement) that too without OC. OC came in April 2011. In the agreement he has promised Gym and swimming pool and for that he had taken 180,000 as membership fees from all 68 flat owners. He delivered unfurnished Gym which we( members of the building) has finished by putting extra money, till date he has not delivered swimming pool, now the hand over of the society has been done in May 2013 and now its registered society, and committee has been elected , addition to that there is no fire fighting system in place and its a high rise building. Chairman and Secretary is in favour of scrapping down the swimming pool(half constructed) structure and 2 committee members are against that, all of us have paid 180,000 for this swimming pool,and most of us has bought flats in this building considering that there is a swimming pool , builder is not bothered as chairman and secretary has some kind of soft corner for the builder and it seems they are protecting builder by not going to consumer court or filing any complaint against the builder for violating fire safety norms, and coming with a proposal of demolishing the half constructed swimming pool and asking everyone to put some extra money for finishing of the pending job which builder has not completed .Now What is the choice for us members? its clearly mention in the agreement about swimming pool, amount has been taken by the cheque and its also in BMC approved plan. Please guide with expertise. Thank you.
Devajyoti Barman
(Expert) 05 February 2014
This is a clear case of unfair trade practice and deficiency of service.
Go to the consumer forum with complaint. You would get all the desired reliefs along with compensation.
Dr J C Vashista
(Expert) 05 February 2014
I endorse the expert advise of Sh. Devajyoti Barman.
However, I would like to add to above to a) Initiate the arbitration case with Registrar of Cooperative Societies (if you are Cooperative Society) making the Chairman and Secretray as a party.
b) You can also issue legal notice for refund of money paid with interest followed by Civil suit for recovery (with mesne profits).
c) Besides this criminal cheating, fraud and breach of trust can also be initiated.
Rajendra K Goyal
(Expert) 05 February 2014
Agree with the advise of expert Dr J C Vashista & Devajyoti Barman ji.
ajay sethi
(Expert) 05 February 2014
any member of society can approach consumer forum . if builder has defaulted in his commitments and society is refusing to take action you and other members can move consumer forum to direct builder to complete swimming pool construction and other pending jobs
Rakesh
(Querist) 05 February 2014
Thank you for your opinions, but please guide :does managing committee have the power to pass the resolution for this kind of matter (demolishing half constructed swimming pool) by calling Special general body meeting ? If so then tomorrow they can change something else which is in the purchase agreement. Also what action I can take as a member on builder/committee for not setting up fire fighting system in our high rise building. It's really dangerous.
Rajendra K Goyal
(Expert) 05 February 2014
You can get a stay from court against the act of the society for its act of demolishing half constructed swimming pool.
V R SHROFF
(Expert) 05 February 2014
CAN MOVE CONSUMER FORUM ALSO, FOR INJUNCTION ORDER.
CIVIL COURT/ CO-OP COURT WILL ALSO ENTERTAIN THIS DISPUTE..
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
You have options to approach Consumer court, cooperative court, civil court and criminal complaint with the police or magistrate court. Choice is yours, experts above have advised well on the subject.
