Do you have any documentary evidence that club house is only for members free of cost
2) builder can admit outsiders if club house is outside your premises
3) further builder can charge for usage of club to members of society
The apartment area has a chak road passing within and other disputes.
The apartment where in I bought the flat has a chak road passing dividing the society into 2 portion and is on dispute. We have been regularly asking the builder to sort this out ASAP but he keeps pushing back. Its been almost 2 years and we have been paying the expenses of guards for the protection of the broken wall due to chak road dispute. Even after requesting the builder to pay the expenses he is not. He controls the electric prepaid connections and what ever he wishes he does with it. We feel cheated. While selling the property the broker had told about club facility too , now builder has build a separate club facility outside the premise and is charging for it. The club he is using for outsiders and when we object he says its his property and we are mere members only. The residents especially ladies dont feel at ease going to the club especially with outsiders. even for small functions we need to shell out funds, even for society events we need to pay fees. The parking allotment is also done after 2 years now. and many of the parking are alloted far of from the residents towers. even across the chak road.
Asked 7 years ago in Property Law
Religion: Hindu
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13 Answers
Hello,
Elaborate the dispute in detail and thereafter you may file the case before the Consumer forum for the deficiency in the services.
Regards
See road is disputed before the court then at this time nothing about can be done as issue is subjudice.
But in relation to club house if it was exclusively for the member of society and other then that if builder is deficient in other services then a consumer complaint against him can be filed.
Please have a relook of your builder buyer agreement and take the decision accordingly if builder has not completed his promise then you have the opportunity to go to state consumer dispute redressal Commission and complaint against the Builder in the commission to pressurise him to complete the promises along with please note that till the society is transferred to the residents of the society the Builder is maintaining the society and is charging for the electrical supply and also maintaining the society during the warranty Period of the society which is 2 years.
You can take up the parking issue as well but definitely he will have the excuse that the parking has been distributed as per the availability and convenience to the residents
These all issues cine within the deficiency in providing services which were promised to a consumer and hence a complaint can be filed against the builder in the state consumer redressal forum.
Regards
if club is in apartment premises then builder cannot have rights to allow them.
You can file complaint against builder in district consumer forum under Defiency of service.
1. Refer to the sale deed to find out the services to which you are entitled to.
2. Now if you find that the services or facilities to which you are entitled to are not delivered then it is a fit case where the developer is liable for deficiency of service.
3. Now for his acts of deficiency to seek damages and compensation you will have to file a case before the consumer forum.
Firstly, The land on which the apartment is build was said to be free from all legal disputes in our sale deed, but later on we came to know about the dispute in chak chak road, which caused us to hire 2 gaurds for protecting the broken wall, when we ask the builder to pay for it he ignores, The expense is paid from our Maintenance Charges. Secondly, the builder had first showed they layout with 7 towers and having club area as part of society, later on i.e. after almost giving possession to residents, he shifted the club to a separate land nearby and build 3 more towers. Now this Club is across another chak road outside the society boundary wall, The initial layout plan had the club area within the boundary wall of our society.
Asked 7 years ago
See there is clear deficiency and unfair trade practice by the builder so under these circumstances you can file a consumer complaint alone or along with other flat owners claiming damages from builder and seeking huge compensation.
Builder cannot make changes in layout without consent of flat owners
However builder may have shifted club house outside complex but is offering you membership of the club house
Since the builder has committed deficiency in service he can be dragged to consumer forum seeking relief and remedy including compensation for the losses you suffered due to his reluctant attitude as well as cheating.
Your association can take up this matter on behalf of the members and seek remedy through consumer forum for all such deceits.
For the club built outside the apartments complex, which is a breach of the agreement and an act of cheating, you may file a suit for specific relief besides consumer case for deficiency of service and unfair trade practice.
What is the opinion of the association in this issue?
As a unit they can fight on behalf of the members.
You can approach the consumer court for deficiency of service and compensation.
As advise above file a case before the consumer forum on behalf of the residents association