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Delay in Housing Society Formation - Builder wants to build new towers

(Querist) 04 May 2008 This query is : Resolved 
I along with my colleagues stay in a new housing complex (posession started in April 2007)in KHARGHAR, NAVI MUMBAI, MAHARASHTRA.

This complex towers and a host of other emenities like clubhouse etc, childrens play area & party lawn. We have got to know from reliable soures that the builder wants to build two new towers after bringing down the children's play area & the party lawn and has applied to CIDCO for approval.

How should we go about handling this? Also can we go ahead and form a housing welfare associateion/society. What is the process for that. Is there any professional body/eminent lawyer in Navi Mumbai who can offer professional help to us.

Look forward to a quick response.
Manish Singh (Expert) 05 May 2008
you go to the district consumer forum citing reasons as deficiency in service on the part of the builder.
The builder can not make any building on to the palyground unless approved by bmc.
and it will not get approved.
for forming a society better contact an advocate since there are some formalities attached to it.
Rajesh Kumar (Expert) 05 May 2008
There are two issues here. One is FSI- for which local authority is concerned, and for that matter only the Builder has contacted the CIDCO.
The othet issue is contract between builder and consumer. If the builder has promised a particular place as park, which appears now, orally or in writing- the residents have every right to stop the builder from constructing the building. For this purpose, a permanent injunction application should be filed in the civil court against the builders. The plaintiff (residents) has to show that they brought the houses after the builder made a promise that he will provide this much park area/ playground etc.

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