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Shailesh D   24 January 2024

Flat allocation in redevelopment

Team,

I will explain my question in brief.

My society managing committee (MC) has signed MOU with builder and we are at flat allocation process. There is lack of clarity and bias from MC in flat allocation.

Now builder is demanding premium for floor rise which was not communicated eariler. Builders POV is that he did inform this to MC prior. I have asked MC to share relevant communication they might have done with members informing about premium charges for floor rise. MC is not sharing any communication because they do not have.

I have asked them to share MOU and AGM recording but they re refusing to do so.

MY question is 

1. Can MC chose to deny sharing MOU and AGM recording ? Pls specify society by law that protects my right to get it.

2. Meanwhile builder is forcing me to accept the allotment on pretext that he has already allocated flats and nothing can be done now although I have already registered my complaint formally with MC on time. How should I go ahead ..What are my legal options

Builder has not sign DAPA yet



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2024

You can make a complaint against the association with the registrar concerned and request for intervention to sort out this issue or you can move RERA with a complaint against the developer if aggrieved by his demands 

Dr. J C Vashista (Advocate )     25 January 2024

MC is bound to show relevant documents to members.

Builder cannot compel to amend terms and conditions of MoU unilaterally.

File complaint before RERA or seek permanent injunction from jurisdicational (Civil) court, thorugh a local prudent lawyer.


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