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Aruni Shukla   27 May 2024

Rights of flat buyers if builder deny access to club

Hello All,

I wanted to seek your suggestion in the below scenario of a Residential project in Gurgaon, Haryana.

A builder has promised a Club and the payment done by the Floor buyer at the time of booking in the year 2012. The builder offered the possession in the year 2018 with missing amenities and later delivered the club in 2024. The license type of the builder to develop the area is of Plotted Colony, yet builder is taking charges as it is in the condominiums. do not pay the Charges as it is unjustified and illegal and asks builder to come on table and prove the legality. For these floor owners who deny the illegal demand of the builder to upkeep the area of development, the builder has denied the access of the club and never responds on what grounds.

Many flat owners are being treated like they are tenant and the promise made was not delivered.

I am looking for your suggestion for a quick legal remedy, can these residents take any stay of something and then go to consumer forum or what should be their course of action further.

I am also open for a good legal counsel who can take this case from the residents and help them get justice.



 5 Replies

sridhar pasumarthy (ADVOCATE)     27 May 2024

You a file a complaint in the concerned district consumer forum

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

The residents have options either to approach consumer redressal commission to redress the grievances of deficiency in service and unfair trade practice or can approach civil court for specific relief and an injunction orders 

Dr. J C Vashista (Advocate )     27 May 2024

Besides complaint before consumer commission of jurisdiction you can also opt and seek a permanent and mandatory injunction from Civil court against the builder.

Aruni Shukla   28 May 2024

Can you please suggest more on that and if I can ask those people to connect with you for their help.

Dr. J C Vashista (Advocate )     29 May 2024

It is advisable to contact, consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

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