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Nydv (Software Engineer)     28 May 2016

Amenities dispute where to approach??

Builder designed phase 1 with  D1, D2 buildings having 56 flats and 56 rowhouses/bunglows. But he
kept separate entry gate for buildings & rowhouse with big wall in between. He provided common amenities(club house, swimming pool, borewell) in rowhouse complex which supposed to be common for both.  STP tank is also common and it is on side of D1, D2 building. But rowhouse people refusing us to use amenities on the basis that in their agreement builders mentioned amenties only for row houses. Because of that we people living in D1, D2 are not able use these amenities and builder is also not taking any action for that....So at personal level i am not able to use amenities promised to me by builder hence want to see legal relief for same. One of bunglow resident already filed a case against builder on 09Mar2016 in Civil Court Senior Division, Pune for which motive we also do not know.

Please let us know where we should approach to get access to our amenities: Consumer Court or Civil Court and what would be possible solutions here ??  We are not looking for Compensation as that will not solve our problem as our children needs promised amenities(club house, swimming pool) for enjoyment.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 May 2016

send a legal notice then file a complaint in consumers forum.

Nydv (Software Engineer)     29 May 2016

@Rama chary Rachakonda

sir as per your experience, will consumer court will have power to issue strong order like stay

order on amenities....also multiple parties builder & bunglow residents involved...i had heard in such complexities generally consumer court refer to civil court and it will be waste of time & money for us....Please share your opinion...


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