Regarding redevelopment.
Dinesh
(Querist) 14 November 2014
This query is : Resolved
Dear Respected Experts,
Our society in Mumbai has gone for redevelopment. 2 Towers have already been constructed on a plot that was available in the society and no member had to vacate the current premises.
It took the builder 6 years to construct the 2 towers which he promised he would do in 2 and a half years.
Now to expedite the process of redevelopment, the society is asking the members to go for one flat in the current phase when it starts and take the other flat in the next phase.(We have an agreement wherein we will get 2 flats for the current flat we hold. eg., if we have 1 flat of 500 sqft we will get 2 flats of 500 sqft after redevelopment of the society)
Looking at the builders track record and also the committee members malafide intentions, we have decided against going for this option.
But the society has taken signtures of many members who they have convinced to go for the option of 1 flat now and 1 later. But many of them are those for whom one flat itself will be double their current small flat, hence they will anyways get one flat, so it does not make any difference to them.
Now the question I want to ask is : Can the society force the members to go for the option of one flat now and the other later, if the member does not feel secured to go for that option as the member will give up the flat and take one flat, but what if later on the project gets stuck and we do not get our 2nd flat!!! as once our original house is demolished, it'll be difficult to run after the builder to get our second house.
The committee has called a special general body meeting next week seeking to pass a resolution, saying on the request of members, 1 flat will be taken in the current phase n the other flat in the next phase.
They are showing it as if the members have requested for the same whereas it is the committee members and their cronies who are going around trying to convince people to opt for one house now and the other later.
Would appreciate your valuable advise in the matter and thank you all in advance for spending your valuable time in reading my query.
Thanks.
ajay sethi
(Expert) 14 November 2014
has building occupation certificate been granted by BMC? society cannot force members to take possession of one flat now and one flat later . check whether building plans of second tower have been sanctioned by BMC or not
Devajyoti Barman
(Expert) 14 November 2014
If you are aggrieved then you can lodge complaint with Registrar or go to consumer forum.
Rajendra K Goyal
(Expert) 14 November 2014
You should not agree if you do not wish. If society pass any such resolution go for stay on the resolution implementation.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 November 2014
Though agreement executed is 2 alternate flat,it is better move in first flat immediately n insist for second flat. If builder delays or whoodwhink, approach Consumer court. Your claim for second flat is in susistance.
