Terrace sold / allotted

Querist : Anonymous (Querist) 06 January 2021 This query is : Resolved
Greetings,

I live in a cooperative housing society in Pune in which the builder has sold the above half part of the terrace top to the 5th floor flat owner . Before the society was formed.
He has also built 3 rooms toilet with sliding windows doors.. and built a iron stairs from balcony to terrace.
We have also complaint in the PMC and register .
Pmc has sent a letter to society to take action against illegal construction.
But no action is taken by chairman.
As per society bye laws any encroachment by a member in a cooperative housing society is entitled to pay 5 time the maintenance charge from the time it is built on the terrace.

Please Let me know what action can be taken for demolition ?

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Isaac Gabriel (Expert) 06 January 2021
You can report to th registrar for immediate actoon.

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SHIRISH PAWAR, 7738990900 (Expert) 06 January 2021
Hello,

PMC has rightly asked society to take action against the member. It is the society that can initiate legal action against the illegal construction.

Message likes : 1 times

Querist : Anonymous (Querist) 06 January 2021
Thank you for your reply...
I have sent a legal notice to the chairman but the chairman is the 1 who has built 3 rooms on the terrace.
He replied stating the builder has sold me the terrace and I have complete rights but does not show any documents.
also in the index 2 of all the flat owner it is mentioned that the builder can sell buy construct build dispose of the terrace..
I have also complaint in the register and they say PMC has to take action and PMC says register as action.
also I would like to know if we can charge him 5 times maintenance charges as per society bye laws?
Thank you for your help in advance.

kavksatyanarayana (Expert) 06 January 2021
The collection of five times the maintenance charge is not correct. However, the terms and conditions of the bylaws have to be verified. You shall file a case against the builder.

Querist : Anonymous (Querist) 07 January 2021
Thank you.. but is PMC not responsible to take action as per plan and completion certificate.

Querist : Anonymous (Querist) 17 January 2021
Good morning and Happy New year

My question is Can builder sell a terrace as per Maharashtra rera act?
Also if someone could let me know where I could file a suit in Pune
In cooperative court or civil court?
Thank you in advance.

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