• Revised final approved plan of the apartment not provided by the builder

Due to the non-availability of the REVISED final approved plan, there is a dispute on the use of the common and open area AMONG the residents and the Association is either mute or supports the resident who doesn't follow the bye-law/rule despite sale and deed agreement stating clearly the rights and obligation of every flat owner. They use the open.set back area for playing cricket, football, and basketball which disturbs the nearby resident. Such activities were never promised by the Builder at any stage.

The BBMP provided an approved plan through RTI which does not match with the ground reality.
Asked 6 months ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Once you give representation to bbmp you can file writ petition in HC

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

To your horror, if society is not cooperating than such recreation activities cannot be stopped. Only if common area is made for particular purpose and using by other members for other means than can obtain stay order from court.

OR open area cannot be used for playing activity if creating disturbance to resident. Call the police for creating nuisance.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Builder is bound to provide revised approval plan 

 

2) you can issue legal notice to builder to provide revised approved plan 

 

3) in alternative file RTI application to obtain revised approved plans 

 

4)residents can indulge in physical activities in open common areas 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

1. Well the common area left vacant for letting in use as common facilities can be used as common area.

The usual disturbance arising out of play isof no consequence and hence can not be lawfully redressed. 

Any kind of outdoor activities and playing is good for proper upbringing of the child. 

You must encourage the same  

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

If this is the scenario..... approach RERA Court of your jurisdiction ASAP for complaining and getting compensated for the wrong doing of the Builder.

 

Also, Registrar of societies can be approached to stop such nuisance in the society.

Inderjeet Singh Tanwar
Advocate, Faridabad
30 Answers

5.0 on 5.0

Hi 

1) Once the builder has completed the building and has handed over the maintenance of the building to the association, it is the association responsibility to manage the usage of open areas and set backs provided in the building. 

2) Open areas and set backs are for free movement of people and residents cannot construct any semi permanent buildings / structures in the open areas and set backs nor can do any act/ activities that obstruct free movement/passage. 

3) If any resident has objection to usage of open areas and set backs as amenities/play ground purposes, then he should either complain to the flat owner association or file a civil suit claiming nuisance and abuse of open areas in the nearest court. 

4) If there is a substantial difference between BBMP approved plan and the actual construction on ground then flat owners should check whether any 

a) Occupancy certificate has been issued to individual flat owner and 

b) If no occupancy certificate is available, flat owners should issue notice to builder and obtain occupancy certificate at builder's cost. 

5) Occupancy certificate will list out the open spaces and set backs and also direct terms for usage of such open spaces and set backs by residents which can then partially resolve your grievance

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2068 Answers
382 Consultations

5.0 on 5.0

Complaint about this to the registrar cooperative Societies office. 

Action will be taken

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

This is a peculiar case where OC has been received on unapproved plan and hence the action lies against the builder. Regarding activities of Association, file the complaint before the registrar of the society. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

Why don't you discuss all such things which causes concern, in a general or a special meeting of the association.

You can place a request to convene a meeting if a meeting is not due with the same items as agenda for the proposed meeting.

You can express your hardships and also request for clarification and solution for  all such things which are detrimental to the members peaceful living.

If the common areas are misused by few members, then the association by a resolution can bring  an end to such undesirable activities.

If the committee members do not entertain your request to convene a special meeting to discuss about the solutions to the problems faced by the members due to some miscreants misusing the common areas, then you can make a complaint to the local civic body about this venting out your grievances and then plan to escalate the matter through legal forum.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

1. Since there is no clarity on whether the area where these activities are played there is very little that can be done.

2. The individuals who are aggrieved by the activities mentioned by you may file a suit for permanent injunction in the competent civil court to seek permanent injunction to stop those activities as this is tantamount to nuisance.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

 you can approach the RERA redressal forum or take legal action against the builder seeking help.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Dear Sir,

Many builders playing with the purchasers. You can lodge complaint and get the reliefs you wish to have.

==============================================================

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

==================================================================

https://www.icrpc.org/icrpc.org.contact.htm

 

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

==============================================================================

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

=====================================================================

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

You cannot stop residents of society from playing in vacant common area of building even if it was not mentioned by builder or doesn't match approved plan. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

A meeting must be called and this matter should be discussed and if the residents do not agree then approach the registrar.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer