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Ritesh M   11 October 2021

Can there be a legal case here?

Our building is to go for  redevelopment and I notice possible cheating in the process of flat allotment. As such no formal meeting SGM was conducted to freeze on the guidelines to decide flat allocation. Builder proposed that higher area flats will be placed up and relatively smaller ones on below floors.

I am getting carpet area 680. However some members promised the builder that they want bigger area than this and they are ready to pay for extra area and hence builder allotted them upper flats. In the final plan their area is still around 683 only. So I want to object to the allocation. My proposition is to dismiss this allocation and now go for lucky draw since they are actually not going for bigger flats or more area.

Do I have a case in worst case scenario? Can law support me here? Or does this not stand valid in anyway?

 3 Replies

G.L.N. Prasad (Retired employee.)     12 October 2021

As a member, you have every right to propose framing a policy through a majority decision in the General Body meeting.  Issue such notice and ask them not to complicate the simple issue and drive the members to go to Court which is not beneficial to anyone in general. In the legal notice, raise the arbitrary decisions without the consent of others.

P. Venu (Advocate)     12 October 2021

The facts posted suggests no cheating, may be things are perceived to be unfair or unreasonable.

Dr J C Vashista (Lawyer)     12 October 2021

There is no case of cheating in the facts posted by you.

You can file a suit for declaration, possession, permanent and mandatory injunction through a local prudent lawyer.

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