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YIP (Executive)     08 July 2010

Mobile tower and Common Area

Hi,

I am flat owner of the building without society from last 1.5 years. My builder has not formed the soceity or due to diffrences between flat owners soceity not formed. My builder has constructed mobile tower on building terrace without informing or taking permission from any of the flat owner of the building. Some members telling that he has taken a sign on paper telling this is for NOC for soceity formation. But he misused it for constructing mobile tower. Builder also sold the common area of the building like common area around the building inside the boundary wall to flat owners in the parking floor. That also without permission or NOC of the other flat owners. My questioms:

(1) Can anyone suggest me how can i get information how builder has taken permission from corporation to form the mobile tower on the building? What documents he has submitted or what flat owners NOC he has submitted to get the permission to construct the mobile tower?

(2) What are the rule for the common area as mentioned in my above explaination? Can builder sell this area without NOC of other flat owners? When i purchsed the flat he has not told me that the given common are is already sold? Also he has not informed me that he will going to construct the mobile tower?

(3) Also my flat is terrace flat that is last floor. Mobile Tower equipement is above my flat only. My terrace is also having water leakage from top. After complaining many times Builder has not done anything. Due to his such behaviour I stopped paying the monthly maintainance & told him that once you clear my leakage problem then only i will start paying the maintaincance amount.

Can i go in consumer forum on this lekage problem as builder is not doing anything?

(4) How can i and flat owners fight  against Builder on these issues? Where i will get all information to file case against the builder? Is it consumer court is good option to fight? What legal steps we should know before filing case against the builder? Totally he has dumped everyone of the flat owners of the building. But due to all middle class no one want to fight against Builder. Every one just keep quite & Chalata Hai attitude. But i want to fight against him as i have taken flat from hard earning money.

Please guide me on this. 



Learning

 1 Replies

YIP (Executive)     14 July 2010

Hi,

Can anyone please help me on this? I am really in search of a solution to this problem as i feel i and our flat owners were got cheated by builder. Please provide us solution so that we can fight against this to get the justice.

YIP


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