One of my NRI friend had bought an apartment which was promoted as an upfront residential complex with luxurious facilities. They booked their apartment in 2008 looking at the marketing videos and brouchre.. They took possession in the year 2011 when none of the additional common facilities were completed as promised by the builder. He had given word of mouth promise during handing over that the flat could be occupied and other facilities will be provided in due course of time. However now even after 2 years of occupation the builder has refused to complete n handover the facilities and has not made arrangements to provide water supply using borewells and water treatment plant as promised in the sale deed.
An association has been formed with like minded people and they approached him as an association, however he rejected to any of their pleas. Few of the owners who have business tie-ups with him have rented out their flats in their complex to the builder and have let him use it for running his Serviced Apartments Business. The builder is using few of the owners who have business interest with him to his advantage and is challenging the association outrightly stating "Do whatever you want and I will not provide water or any other facilities"
Kindly advise us on how to handle this issue with the builder legally. Having mentioned there is a Serviced Apartment Business running in the same complex, the builder was not ready to hear the voice of the affected owners who are against running of an commercial activity in their residential complex. Is it legally allowed to run a serviced apartment business which was sold out as residential property and when few of the owners residing there are seriously affected due to this business. The security measures are not in place to allow such activity and this is affecting the peace and harmony of a part of the community residing there. Advise us on the course of action to be taken to stop the commercial serviced apartment business running in the complex.
