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Sameer (iNDIVIDUAL)     16 October 2014

Builder constructing new building by society amenity

Hi All,

Kindly help and advise us on the below issue.

We stay in a Township which has 10 residential buildings, club house and a commercial complex. The Builder has not yet transferred the ownership of the township to the society, society is not yet formed, builder is delaying the same intentionally.

There is commercial complex inside the society and it is a ground floor building. While selling the flats the builder showed this commercial complex as an amenity for the convenience of the society members.

Now after getting increased FSI, the builder has planned to demolish the commercial complex which is only a ground floor building and construct a multi storey building on this place. The multi storey building will reduce the light and air for few flats.

Can we legally stop the builder from demolishing the commercial complex and build multi storey building. This was not in the plan originally presented to the owners while selling the flats.

What can we do with immediate effect to stay the demolition of the commercial complex as builder has started it.

Can we go to consumers court ? Can we get the stay with the help of  local corporation body ?

Please advise.

Thanks and Regards.

 

 

 



Learning

 1 Replies

Satyadarshi Kunal (advocate)     19 October 2014

You can file a suit for specific performance if it is mentioned in the contract that the builder was supposed to transfer the constructions to a society. Consumer case is also an option.

 

Regards


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