DEBASHIS DHAR (HEAD-MARKETING) 10 March 2010

POSSESSION OF OWNERSHIP FLAT

Sir/Madam, I have bought a flat in Kolkata and registered the same on 15.02.2008. My flat is on top floor (3rd floor) of a 4-storeyed building. However after my registration and I occupied the flat, the promoter has still not finished the common space areas,e.g., building surroundings, treatment of roof etc. The water supply is still running on common electric meter (building meter), bills are being paid by the promoter. Meanwhile my flat walls have got completely damaged for which when I asked the promoter to repair, he is declining. He is also declining for roof treatment stating he is not having funds. What sort of legal action can I take against him?

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2 Replies

Dr Rakesh Saxena (Engineer-Advoate) 10 March 2010

Mr Dhar,

You being such a senior officer has been taken for ride by the Builder, I am surprised.

Any way, legally all common services and facilities are in common ownership of all flat owners for which registration of Flat ownership association is mandatory all over India in your type of flat buildings . All common services must be transferred to such association , who in turn shall pay from common account after seeking cotributions from the members. Individual consumption of water and power is to be born by individual owners .

Regarding your legal action get one good consumer law lawyer and sue the builder under Consumer Act.

By the way it does not require representaion by lawyer so why dont you pen down your complaint in simple english , point wise and let the builder know you have the metal to fight it out.

V. VASUDEVAN (LEGAL COUNSEL) 11 March 2010

Good suggestion. You can file the complaint on your own. When the matter comes up for hearing may be you can hire a lawyer for arguments (only) or even a reputed consumer representative ( need not be a lawyer.

vasudevan