TREVOR
22 July 2014 at 08:30
I have invested in a property (3 BHK) apartment in Mangalore. The Builder seemed at that time to be of good reputation and is based in Bangalore. He floated this project about 5 years ago and I joined in & invested in this 3 BHK flat more than 3 years ago.
All the owners, have virtually paid up 95% of the cost of the flat,as the building is almost complete., we have got Electricity & Water connection. The following jobs remain pending.
1) The commissioning of the Sewage Treatment Plant
2) Installation & commissioning of the ST By Generator
3) Installation & commissioning of the 2 Elevators.
4) Fixing of all Gym equipment as per rules.
5) Various minor defects that need to be fixed once they are pointed out be each of the flat owner inside their flat.
Despite all these deficiencies, the Builder has gone ahead & requested the Municipal Corporation to provide the "Occupancy Certificate" they have done this almost 12 months ago & the corporation has rejected.
The Builder is pressurizing each of us to take possession of our flats in the present state by paying all outstanding dues which includes the remaining 5% + car Parking + KSEB dues+Water Connection charges etc:-
All the owners have got together and rejected the Builders proposal & insist of complete the pending jobs & immediately we shall take possession & register our flats.
There seems to be a stalemate on both ends, & all correspondence has stopped with the Builder. Some of us are planning to send him a legal notice, but the advocate whom we have contacted states that the agreement that most of us have signed is one sided and is in favor of the Builder and he sees no hope in pursing the case. There are some of us who do not have any agreement but rather only an allotment letter was given to him at the time of investing. The advocate says that in this case there is hope & chances of getting your investment money back with 18% interest is possible if matter is filed in the Consumer courts / civil courts.
Please- we request you for your expert advise in this matter.
Uday Kumar
19 July 2014 at 14:36
Dear Sirs
We reside in a flat having 4 floors made and sold by builder
Now, Resident of 4th Floor/Top Floor is trying to make a construction for further harassment of the 2 floors without nay plan or approval.
We tried to stop them and even make a complaint in Police and concern Municipal Commissioner however no fruitful action arrived so far.
Now I want to go court to stay the illegal construction.
Kindly advise which should we prefer in Court. is it Suit for Injection along with 39 1/2 or other
Please help with a solid response
With Regards
Uday Kumar
Namakkal Raghavendran
17 July 2014 at 13:27
An association was formed by a group of employees to legally fight an adverse order of the Govt. The association won their case in the first court. When the Govt had exhausted all channels of appeal, they came out with the offer that only the persons who were members of the organisation at the time of filing the suit, will be given the benefit and the members who joined later, during the pendency of the proceedings will not be eligible for the benefit.
The query is: Is the Govt.'s stand correct legally?
Krishan Singh
14 July 2014 at 13:55
Hi
Recently I got allotment of flat in CGHS Society in Dwarka Delhi. I became member of this society in 2004 and since have spent most of the time abroad working. As most societies in Dwarka came under CBI scanner in 2006 so their was no construction activity in the society FROM 2006 - 2012.In 2008 I bought a freehold property in Delhi more than 68 sqm which I later sold in 2010 as I was not sure when CBI inquiry will get over and when I will get the flat allotted as I didn't wanted to do investment in a project whose faith was unsure because of forgery allegation by CBI society upon investigation . My question is recently I visited India and had a look at my flat and after paying in full the amount asked for construction work was not done as per the specification as I have to spend more money from my pocket to make the flat livable. When I challenged managing committee in AGM I was threatened by the secretary he got lot of contacts in DDA and RCS office and he can lodge a complaint against me that I once owned a flat from 2008 - 2010. Do I need to worry from all these threats as since I became member of the society in 2004 I didn't possessed any property at that time in Delhi and even I got allotment in 2014 I didn't possessed any property under my name.Last year I even submitted affidavit declaring that I don't posses any property under my name in Delhi and have complied with RCS RULES for allotment purpose. I feel cheated as I have paid double the proposed amount for construction and I have got a raw flat. The Secretary and other members of managing committee got more than one flat under their name in Delhi and if someone questions them they harass by saying we know everything about you as we got information from every member through RTI. As I am staying abroad I don't want to get in legal battle with the Managing Committee and will get the work done in my flat myself. Do I need to worry from all these threats of loosing my membership. Please let me know because I want to give a fitting reply to them next time they threaten me.
Shefali
06 July 2014 at 02:59
In my building in one flat bathroom there had been seepage/leakage from its upper floor flat due to improper water proofing or gap of floor tiles of upper floor flat since the time of possession.
After possession the builder had done some plastering in upper floor flat and issue had stopped but now again cropped up.
The apartment is now under associations management and builder has left.
The leakage has again started and the upper flat owner says to lower flat that since the leakage is from the time of construction it is not his responsibility to repair and either the builder or association must repair it.
So the question is who is responsible for the repair?
Since once the builder had repaired it and has left now can builder be again asked to do the repair or the association or upper flat owner has to repair it?
Rahul
06 July 2014 at 01:42
there were 3 peoples entered in my home when i was not at home and they did misbehave with my wife and bhabhi. then they took bhaiya with them i tried to call at home in the evening but no one was picking up the call then i called bhaiya but someone else picked up the call. and asked for 1 lakh in cash latter i get to know that one person is from police. i filed FIR after forcing SHO. latter one day they pressured on of my friend to call me at some place when i get there then those 3 person come at asked me to do compromise i rejected then they told they will give me money still i rejected then a girl came out of there car and started slapping me and shouting on road i was scared i ran away from there but i left my Scooty at that place. latter i got to know that they filed a case(FIR) against me unders section 354/34.
what should i do know i dont know i asked 2-3 lawyers they said that they will bail me out but they are asking hefty money that i dont have. and now after all this my bhiya also very scared he is saying that he want to take case back of his kidnapping. and the main culprits are scaring every known person to me to force me to take complain back . PLEASE HELP ME AS SOON AS POSSIBLE i am attaching some documents also please give a bit time.
PRAKASHCHANDRA MARU
02 July 2014 at 23:43
Hello all learned That somebody stolen all ornaments of my wife my child and my also. Thief was caught in another offence and then it was disclosed that he was the same fellow who stolen my ornaments so I lodged complain
Now I want to tack back all my ornaments from the custody of police by way of court order but the question is that I have not the bills of the said ornaments so pls inform if there is any judgement regarding this one
Some times some court does not allow and consider the affidavit of applicant so this question arise in such kind of situation what I have to do ? please inform me
Regards
somasekhar
02 July 2014 at 23:12
My name is somasekhar , i have joined btech in 2008 ,due to fees problem i cant pay the fees ,i stoped my education when i went to college to ask certificates 10 th and 12th they are saying that after paying full fees certificates will be given other wise we wont give ur certifictes . I need ur advice wat steps should i take and were should i complain
Rajiv Kaicker
01 July 2014 at 09:49
A Residents Welfare Association in Delhi is registered under The Socities Registration Act,1860.
Does its auditor have to be a quakified Chartered Accountant?
Is the RWA required to submit its Audited Annual Accounts to the Registrar of Societies?
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non payment of salary
Dear sir,
Pl advise, can a company hold the salary of employee whose contact is expired but asked to work continue.