riyaz 05 June 2015

Dispute with builder

The builder had constructed a building with 120 flats. Out of this, 2 flats on the 1st floor were joined together to provide health club, restaurant and guest house. Verbally it was told to the 118 prospective buyers that health club etc will be provided for the benefit of residents. though no written documents were provided.

After 5-6 years of providing the above amenities, the builder intended to sell the 2 flats. It is to be noted that the builder was also paying maintenance charges for both the flats as well.

The builder claims that he is the rightful owner and he can sell it.

The Association (remaining 118 owners) wants the service of health club, restaurant, guest house in the same place.

Require advice & suggestion from Legal Expert how Association can avail above services.

supporting case law judgement if available will be beneficial

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2 Replies

bsrao 06 June 2015

Look at a brochure or some document where he mentioned about the facilities to be provided. If not, check the formula used for distributing the undivided share of land. You need some evidence to proceed against.

You have a deemed-to-be scenario to convince the court. If they are common facilities, where is the question of collecting maintenance? Why was it collected?

riyaz 06 June 2015

i believe there is a serious lapse from society in collecting maintenance from builder.

there are no written documents regarding providing of those amenities. BUT there is document (affidavit) where the builder agrees inorder to boost the sale of flat, he has provided those common amenities intially.

I would also like to add that those common amenities are easily accesible from common area. Also those 2 flats joined together, do not represent like a flat, they are in fact designed in such manner to provide restaurant, guest house, gym.

if the builder intends to sell it off as flats, he will have to make structural modifications.

also can you explain to me about undivided share concept? how can we take advantage from it?