Builder not doing as promised
Manoj Saraogi
(Querist) 01 April 2012
This query is : Resolved
I HAD BOUGHT A FLAT IN LUV KUSH APPARTMENT SITUATED AT 5, SUBHASH NAGAR, JAIPUR, BRIEF FACTS OF MY CASE IS AS BELOW :-
1. I ENTERED INTO AN AGREEMENT WITH THE BUILDER FOR SALE OF FLAT ON 05/07/2006.
2. SALE DEED FOR THE FLAT WAS EXECUTED ON 20/07/2007
WHEN I FIRST VISITED THE COMPLEX I WAS TOLD THAT THE APPARTMENT WILL HAVE A COMMUNITY HALL FOR COMMON USE OF THE APPARTMENT OWNERS AND THAT I WILL ALSO BE ALLOTED A COVERED PARKING AT THE STILT FLOOR OF THE APPARTMENT, I WAS SHOW A BROCHER WHEREIN IT WAS MENTIONED IN THE FACILITES THAT THE APPARTMENT WILL HAVE A COMMUNITY HALL FOR COMMON USE, LURED BY THE COMMITMENT I DECIDED TO BUY A FLAT IN THE APPARTMENT.
SOCIETY WAS FORMED OF OUR APPARTMENT ON 01.04.2009 AND MAINTENANCE OF THE APPARTMENT WAS TAKEN OVER BY THE SOCIETY, WHEN THE SOCIETY ASKED THE BUILDER TO HAND OVER THE COMMUNITY HALL TO THE SOCIETY AS PER THE COMMITMENT THE BUILDER DECLINED TO DO SO STATING THAT THE PROPERTY WAS HIS AND NOT FOR COMMON USE. ALSO AS PER JAIPUR DEVELOPMENT BY LAYS SEC. 9.8.3 CLEARLY STATES THAT STILT FLOOR CAN BE USED ONLY FOR LIFT AND PARKING AND 20% OF THE AREA CAN BE USED FOR CONTRUCTION OF COMMUNITY HALL OF RESIDENTS OF THE APPARTMENT AND THE AREA SO CONSTRUCTED WILL NOT FORM PART OF THE F.A.R. (FLOOR AREA RATIO) HENCE THE BUILDER HAS NO RIGHT ON THE SAME AS ITS NOT HIS SALEABLE AREA AND BELOGS TO THE BUILDING RESIDENTS.
I FILED AN RTI WITH THE JAIPUR DEVELOPMENT AUTHORITY TO CLARIFY THE STATUS OF THE COMMUNITY HALL, IN ITS REPLY THE JAIPUR DEVELOPMENT AUTHORITY CLEARIFIED THAT COMMUNITY HALL WAS PART OF COMMON AREA AND AND HENCE BELONGED TO ALL THE FLAT OWNERS AS ITS PART OF THE SUPER BUILD AREA THAT WE ARE SOLD, FUTHER IN THE RTI IT WAS ALSO STATED THAT THERE WERE TOTAL OF 9 COVERED PARKING IN THE APPARTMENT AND THE PARKING AND THE PARKING PLAN CANNOT BE CHANGED, BUT THE BUILDER HAS ALLOTED 21 COVERED PARKING INSTEAD THERE BY CAUSING LOTS OF NUSENCE IN THE APPARTMENT AS CARS NEED TO BE PARKED ONE BEHIND THE OTHER CAUSING LOTS OF INCONVENIENCE ME. ALSO ALL THE OPEN WHICH IS PART OF COMMON AREA HAS BEEN COVERED BY PARKING AND THERE IS NO PASSAGE FOR REACHING THE MAIN APPARTMENT FROM THE FRONT DOOR AS ALL THE PASSAGE HAS BEEN COVERED WITH PARKING.
Further in the terrece the builder has constructed a flat which again is illegal and not approved as per drawing which has been confirmed by the RTI reply i received from Jaipur Development Authority
Please advise how to proceed in getting our rights.
regards
manoj Saraogi
9414054033
prabhakar singh
(Expert) 01 April 2012
The society should file a case against builder for handing over community hall and
JDA should be asked to demolish the illegal constructions done against the sanctioned plan.
V R SHROFF
(Expert) 01 April 2012
Pass Resolution in Sp Gen Body Meeting to take Legal Action for these Subject matter, and authorize Chairman to represent Society before Court. engage Adv, before JDA, & for necessary exp.
Hire a Advocate from Jaipur, ask him to issue notice to JDA TO DEMOLISH unauthorized civil structure
File case [consumer or civil ] to hand over community hall to Society.
