Unauthorised construction by builder
Querist :
Anonymous
(Querist) 07 January 2012
This query is : Resolved
One of the renowned builders of the city built a housing complex in Kolkata, consisting of approx 1,000 residential flats (10 buildings x 100 flats each) and sold these to various individuals and/or companies. However, the builder has not complied with the following :
1. Amenities (like swimming pool, club facilities, etc. etc.), as promised in the agreement/offer document, not completed yet. He had collected substantial amount towards club membership, etc. over and above the cost of the flat.
2. Municipal Corporation Tax (assessed in some crores!) not paid.
3. Good portion of the open area has been sold out for Car Parking (these were last sold at Rs.4.5 lac per car parking space).
4. Almost all the trees were cut and sold the space for parking the cars.
5. He now wants to cut and remove further 2-3 trees (probably, one these trees are removed, he may be able to sell the space for about 10 to 15 lacs) claiming that this was required for fire safety clearance certificate. As far as we know, he had already obtained fire safety certificates from the concerned department.
6. Since he has not cleared the municipal tax dues, the flat owners are not able to get their flats mutated in their respective names.
7. Now the builder wants to construct one more building in the common area which was not there in the original sanction plan nor the same was indicated in their offer document.
8. The flat owners claim that while purchasing the individual flat, they have also paid to the builder for the open area as well and the builder has no right to contruct further buildings in an area which are now the property of the flat owners (in the conveyance deed which are being executed now in favour of the flat owners, builder mentions a clause that they have the right to construct further buildings within the premises).
9. The flat owners seek expert advice as to how they should proceed in the matter as their grievances are manifold :
a) For amenities as promised in the original offer ;
b) For clearing the Municipal Tax ;
c) For stopping them from cutting the trees;
d) For stopping them from construction of any further building within the premises.
e) To hand over the management of the buildings to the elected body of the flat owners. (Builder is presently collecting a huge sum of money from the flat owners towards maintenance charge but no account is being submitted to the flat owners for the utilisation of the money). Flat owners had also given a security deposits to the promoter towards maintenance.
An expert's views on the whole episode would be appreciated.
Regards,
P V Saseendran
ajay sethi
(Expert) 07 January 2012
1) the builder cannot construct additional building without consent of flat owners .
2) if builder has failed to provide amenities like swimming pool you can move the consumer forum for deficency of service .
3)issue legal notice to builder that you have collected huge sums for miantenace but have failed to pay muncipal taxes .
4)if builder is not handing over management then members can make an application for formation to society .
5) also call upon builder to furnish accounts for money collected from members .
Deepak Nair
(Expert) 07 January 2012
I endorse the views of Mr.Ajay Sethi.
Sankaranarayanan
(Expert) 07 January 2012
Yes mr sethi given all sugesstion . You act accordingly
