Dear Experts,
I live in a Complex in Kolkata, West Bengal, and the flat I purhased is resold to me by an Indvidual who directly purchased from the Builder. Now, the builder has built a Club and memebership of the said club is forced as mandatory by Builder, and the membership charges are same for all the Flats enabling inclusion of upto 5 members with the said mebership charges. If any Flat Owner wishes to include more than 5 members, (s)he will have to pay extra amount for that.
The complex consists of flats of different super built-up areas and consequently 1 BHK, 1 BHK + Study, 2 BHK, 2 BHK + Study, 3 BHK and 3 BHK + Study.
As per the Agreement with Builder with the Previous owner (who had signed deed with Builder directly, and I have deed signed with Previous owner only), I see the following:
1. Membership of Club Mandatory - hope I can't ccontest it. Please confrm.
2. Monthly Subscriptttttion to Club payable as deccided by Builder - but builder is saying Monthly Amount X 12 to be paid at once. Why? Hope, I can ask for Monthly Payment option. Please confirm.
3. Most Important Question - I see the Share in Club as " Undivided, impartible, proportionate and variable share and/or interest in the social and recreational club...." - quoted form deed. In total, in three different clauses of the said deed, I have found the word "Proportionate" for Club. I want to fight for having the Club Membership Fee Proportional to super built up area of flat and corresspondingly having no. of minimum member allowed Proportionate too. Not only by the deed, but also it's logical that a smaller flat will atually have less no. of potential Club members than a bigger flat. Please let me know whether I can fight for it legally.
Thanks a lot experts in advance.
Best Regards
Sambit
