Dear Sir,
Need advise of the experts in the below matter
We had files a civil suit agaisnt the builder of our Apartment for
1. Not handing over the posession of community hall to the society, which as per the Jaipur Development Building bye Law is allowed on the stilt floor only if its constructed for the residents of the aprartment, further its also not considered in the total FAR of the apartment
2. For Illegal construction of servant rooms at the stilt floor by reducing the size of the above said community hall
3. For allotment of extra parking by reducing the size of the parking (as per the JDA Building Norm each parking need to be minimum of 5.5meter * 2.75meter, there being approved only 16 parking 9covered and 7open) against which the builder has already allocated 21covered parking each of size far lesser that what is required by the bye laws and that too one parking behind the other.
4. Construction of illegal flat in the terrice which as per the approved building plan was approved for a water tank and installation of a solar plant (solar plant has also not been installed)
The builder is trying hard to sell the community hall, Servant Room, Terrice Flat and also to allocate more parking as he has 4flats unsold.
No one from the builder end was present on the date of hearing after notices were served to the directors, to what the honorable court gave an exparty decision to maintain staus quo for the apartment.
Please advise.
1. Has the court directed the builder the maintain status quo in the above said disputes or for the whole apartment.
2. The order has no mention of specific relief we had sought, instead it says to maintain status quo in the apartment, does this mean he is barred from selling flat also which are unsold.
3. There are total of 4flats unsold in the aprtment but the builder has written number in the parking area allocated againt the flat, can the builder sell the parking along with the flat if selling of flat is not stayed in the above decision.
4. With the above issue any advise on what more information we should gather which will help in our case, and are we justified in what we are demanding.
5. The builder was represented by a lawyer in the next hearing and applied for set aside of exparty, decision for which is pending, what is the procedure by which the case will move forward
thanking you in anticipation
regards
