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Violation of Civilian Rights

(Querist) 16 February 2008 This query is : Resolved 
Dear Sir/Madam,
We bought a property(villa) in a layout developed by Concorde Group, Bangalore. They handed over the villa 2 years late. The common amenities were/are incomplete & quality of the villa was extremely poor. Agreement says builder will charge Re.1 per sqft towards maintenance, but the builder started pushing bills at the rate of Rs.1.75. Residents started paying these maintence charges to get the major repair jobs in their villas done. We too have paid most of it & and are holding an amount for which we demand that they repair the seepage in 3 rooms.
Now a Residents Welfare Association has been legally formed & the layout maintenance has been taken over by the Association. But the Association too is helping Concorde to recover the unjustified maintenance arrears- with the argument that most residents have already paid & are insisting that the remaining residents have to pay.
Meanwhile, the builder is sending henchmen who dig road & cut water-supply. Since they had cut water supply number of times, we had given a police complaint. Police has advised the builder to send only reminders or legal notice, but not cut water supply. Still the builder threatens us that he will cut water supply. Kindly advise.

Usha A.
Manish Raghav (Expert) 21 February 2008
you can move a suit for injunction for restraining the builder/association from restraining them to tamper with your electric and water supply or you can move to the high court in writ jurisdiction under right to life restraining them for the same. Moreover you can send the copy of the complaint o the concerned police station and the higher police officials.
Adv.Shine Thomas (Expert) 20 October 2008
Mr.Manishraghav is rightly resolved.
Y V Vishweshwar Rao (Expert) 06 May 2009
The Payments maintenance etc to the Builders as per the Agreemetn between you and Builder it is till association is formed , once association is formed , the Welfare activities have to be atteded by you and Your Association , the Members of Association support to Builder is not in the interest of the Association and the Colony , the Builder has to complete all his promises under the Agreement and as per the agreed Specifications , the rectification of defects in the constrcution is covered under terms of the Sale agreement and specifications and the Recovery of the alleged amounts form you should be as per the Agreemtn only

The Recovery of amounts is quite defernent and unalwfull steps to recover the allaeged amoutns is not permited - The Police aid as suggested is correct .

You can also file Suit for injuntion agaisnt the Builder nto to cut the amenties for recovery of his alleged dues , you can also implead the perons who are illegally supporting the Builder

You can also file a consumer dispue case

It is better to discuss withe the other members of the Assocation and it should be collective measure /step for the welfare of the memebrs and Colony
with regards !
Adv.Shine Thomas (Expert) 17 January 2011
File a case u/s 420 CrPC against the builder.

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