I am from a gated community. As per the sale agreement, there is 40% of common land. Builder suppose to complete the amenities 2 years back. As per sale agreement, builder supposed to build swimming pool, kids play area and the club house. Now he want to initiate the construction of common amenities. We have unregistered association which is supposed to maintain security, water and waste. They have taken concern forms specific to these services from residents. Now they are initiating unauthentic survey for changing the amenities and amenity places. What legal action can be taken on unregistered association members for involving in unauthorized actions? As per sale agreements, every one agreed for the common amenities in brochure and booked the property. Just for sake of less maintenance some of the people are opposing now for building those amenities in the identified areas and proposing alternate amenities. Unregistered association creating unauthorized surveys for supporting that. If some one want same amenities as per his agreement, what legal actions can be taken against builder, unregistered association members for conducting unauthorized survey ( Any one having the link can vote on behalf of others) and the other residents supporting change of amenities against the original plan? People also occupied the common lands next to their houses and some made even constructions. Sadly, most of the owners are educated and professionals. Even the builder opposes those constructions in words, he never taken any action on those. As it is common property for all the residents, what actions can be taken on builder for not taking any action, the owners who made construction, boundary walls and owners who are using common land for personal purpose? Can I claim compensation from builder for not providing amenities on time? Can I claim refund from builder for not providing common area as committed? Can I also put a cheating case against him for the same? What kind of compensations can be claimed from other residents who is using the common site and blocking the common site by constructing walls and concrete structures? I visited a senior high court lawyer with known contacts who suggested to file a case in consumer court in fast track for quicker response. Please let me know your second opinion on these issues?
File complaint against builder before consumer forum and seek orders to direct builder to provide amenities mentioned in brochure and sales agreement
2) also seek litigation costs and compensation for mental torture undergone by you
3) act as per your lawyer advice
Hi, you can file a consumer complaint against builder for not providing common amenities as per the promise made in the Agreement to Sale.
- Yes, you can claim refund and compensation from the builder for not providing amenities , and delay in the completing the project .
- You can issue a legal notice for getting the same , and if no response , then file a compliant before the Consumer forum .
Your senior high Court Lawyer's advise is true. You may concede with his advise. You may file a separate civil suit against the unauthorised association and seek injunction on their actions until the final disposal of the consumer case between you and the builder.
In this type of litigation it is advisable to have more people in your support. A class action can bring effective change.
What actions can be taken on unregistered association for involving and conducting such unauthenticated surveys? What actions can be taken on residents for involving in deciding alternate options which are not in the original agreements (Though they agreed with original options with builder during their sale agreement and now proposing alternate options to save maintenance money and not respecting other residents opinion based on legal documents)?
No action can be taken against residents for exploring alternative options
mere carrying out surveys is not an offence
You are advised to immediately approach concerned police station and lodge a complaint against unregistered association, the builder and the survey authorities Under Section 403,406, 420,441,447,462,467,468,469,470,471,120-B,114 of the Indian Penal Code.
You are advised to issue legal notices against unauthorized actions on part of unregistered association and send the copy of said notice to the survey conducting authorities along with an application stating that any actions of conducting survey in promotion to the unregistered association if are taken by such authorities then such authorities would also be answerable before the court for violation of the terms of agreement and abetting with the unregistered association for unauthorized action.
Despite of legal notice if such activities are continued then, place a civil suit for injunction appending the unauthorized association, the survey authorities and the builder as party respondent and seek injunction against such activities.
Yes you can claim all the aforesaid remedies from builder. You can file complaint to rera or consumer Court
First of all association is legally authorised to look after the maintenance of common area.
It can not change any existing common facilities.
Even a single owner/member can oppose any such changes and can sue the association for restoration of the existing facilities and compensation for sufferings .
If builder did not fulfill the commitment as proposed file complaint in RERA seeking directions to provide all committed facilities and to compensate you for loss and sufferings.
1. Is the project RERA compliant?
2. If yes, then file an application against the builder for not complying with the agreement.
3. You can also lodge a police complaint who are making unauthorised construction on common areas (outside their flat is common area equally owned by all).and thereafter file a Writ Peetition against p[olice inaction making those persons as private defendants directing them to demolish the said construction.
1. Conducting Survey is not a crime fior which you can not take them to Court.
2. You can also lodge a police complaint against the developer for cheating you by not complying with then agreed terms and thereafter file a writ Petition against police inaction making the developer and the Secretary of the Association as the private parties praying for a direction upon the developer to comply with the agreed terms within next 6 months and directing the Association not to make any change unilaterally in the terms specified in the agreement for sale.
You can drag the builder to the consumer forum seeking all reliefs that were not provided by the builder and also for the compensation for deficiency in service as well as for mental agony.
You can give a complaint against all those people who violated the rules and occupied the common areas to the local civic body.
If they are ineffective or reluctant to initiate any legal action in this regard you may file a writ petition before high court against the local civic body seeking direction to initiate proper legal action on this..
You can submit an application to the cooperative registrar to ban the unregistered association who function against the interest of the members of the complex.