who is liable? is it my vendors or builder or original owners
Gururja Rao
(Querist) 26 March 2008
This query is : Resolved
Hi all,
One of my friend has purchased two mulgies constructed in cellar portion in an residential complex having cellar + 3 upper floors situated at Hyderabad from its lawful owner in the year 2004, and continuing business peace fully.The Important point here is that the builder seems to have not obtained sanction for construction of mulgies in cellar portion and the same are un authorised one . Originally construction was compleated in the year 1992 it self, and thereafter the aforesaid two mulgies changed two hands earliar by registerd saled deeds and my friend is the 3rd purchaser.While matter stood thus two years back M.C.H authorites has issued a notice to my friend to dismantle the mulgies in cellar portion as they are construted in utter violation of M.C.H rules, however the M.C.H has not taken any action so far. Now a days even civil courts are also not granting Injunction orders against the M.C.H, if any civil suit filed for Injunction also no purpose is going to be served on my friend. Recently Andhrapradesh govt passed G.O's inviting application to regularise un authorised construction, and when my friend applied for the same the M.C.H authorities refused to accept the application on the ground that they are not regularising the un authorised constructions made in cellar portions of residential complexes, in such circumstances can my friend approach consumer forum for damages against the builder, original owners, and his vendors for claiming damages under Indemnity clause referred in the sale deed or if any alternative remedy is available kindly advise me as there is no much time left to my friend and at any time the M.C.H authorities may dismantle his mulgies in cellar portion.its very very very urgent.
Note : I have gone through the original sanctioned plan, and I found that the permission is accorded for construcion of cellar + 3 upper floors only, even in the plan the mulgies were not shown.
Rajesh Kumar
(Expert) 27 March 2008
Buyer be aware- the buyers are required to be more carefu.
However, the builder and seller can be held liable for misrepresentation and civil action will succeed.
Gururja Rao
(Querist) 27 March 2008
Thank you so much sir, but I want to Know what sort of action can be taken in civil side, whether it is for damages? or for perpetual Injunction please help me.Expecting reply today itself possibly.
Gururja Rao
(Querist) 04 April 2008
Thank you so much sir, but so far I have not received any reply and u have not cleared my doubt . I want to Know what sort of action can be taken in civil side, whether it is for damages? or for perpetual Injunction please help me.Expecting reply today itself possibly.
