SURESH KRISHNA (working as Deputy Manager - Legal for DLF India Limited) 17 November 2009

Case Laws on Violation of Andhra Pradesh Apartment Act, 1987

Dear Sirs,

Can anyone may please provide recent case laws/citations on violation of provisions of APApartments Act, 1987.

What is the effect of AP Apartment Act, 1987 if any promoter/builder intends to sell an apartment or flat with out prior approval of plans and specifications by the local authority?

Whther a promoter is allowed to take advance by way of filling an appliction form with out written agreement? how much the promoter is empowered to collect the advcane?

what is effect of non - registration of Agreement to sell to be or entered by promoter with purchaser without prior approvals/clerances?

what is the remedy available to the purchaser of an apartment or flat, if he enters in to an agreement to sell where the plans and specifications annexted are tentative with out permission of local authority, subsequently the promoter alters or changes the plans and specificcations as per the recommendations of local authority and alters or changes the plans which seriously affects the interest of the purchaser ?

Kindly clarify the above situations urgently.

regards,

Suresh

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6 Replies

Anish goyal (Advocate) 17 November 2009

Search indiankanoon.org

A. Patrawala Advocate (Advocate) 05 January 2010

Speedy remedies lies with Consumer Forum. There are hundreds of judgments on those law points raised by you.

SURESH KRISHNA (working as Deputy Manager - Legal for DLF India Limited) 09 January 2010

Sir, can you please post any important judgments urgently i am unable to get

suresh

venkat (Superintendent) 04 February 2010

Some of the residents in the apartment have fixed grills and blocked the common area and emergency exits.

1) Who is the proper authority to be approached.

2) what is the remedy.

A. Patrawala Advocate (Advocate) 05 February 2010

Give the writen complaint to Managing committee. Managing Committe is bound to call the meeting after placing your complaint on agenda. A resolution be passed to remove any hurdles in the common passage etc. Managing Committee must remove it. Failing to: send the same complaint to the Registrar, Co-operative Societies of your localility... failing , further, you may file a case in the Court of Board of Nominees and get remedy...Not satisfied ? file an Appeal in the State Co-operative Tribunal... May go the High Court... then you have remedy with Letters Patent Appeal... Last resort to Supreme Court.