• Contract violations and improper maintenance charges by builder

Reflection dispute - short

HI,
My parents have bought an apartment in the Senior Living society in Bangalore. Being a senior living, there were several facilities which are covered as a "Service agreement", signed by each flat owner at the time of purchase for a 10year period.
Part of this service were "Specialised services" where based is payment based on package opted, from an available list. 

After an initial period of 2 years, the builder along with the society, has decided to make most of the specialised services as compulsory (which as per contract was optional), without approval from each owner. Additional, there have been multiple irregularities in the billing related to the regular charges for service agreement. Even after multiple reminders by email to make corrections, the builder does not respond, just keeps sending bills with the same errors. They also threaten that the unpaid amounts will be deducted from refundable deposits. Now the builder has started interfering in daily services eg. domestic help. 

All these violations have led to mental harassment health issues for my parents who are senior citizens. 

I request your support to identify:
1. What legal rights do we have in this case? 
2. Is there a way to stop the builder from harassing my parents with immediate effect?
3. How do we proceed on this matter - legally and otherwise to ensure that the builder does not make ilife difficult for them, continuously.

Thanks in advance.
Asked 2 years ago in Property Law
Religion: Hindu

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17 Answers

Issue legal notice to builder/ society  not to charge for specialised services as these were optional as per contract , to rectify mistake in bills 

 

2) if they refuse file complaint against builder before consumer forum and seek orders not to make specialised services compulsory , to rectify mistakes in bills 

 

3) seek stay order against builder / society adjusting un paid amounts against refundable deposits 

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

1. If there is any violations or breach of conditions of the agreement entered in the initial stage and there was no consent taken from the members for bringing changes to the said bylaws or for introduction of any new clauses, then the members of the society have got rights to object to the newly introduced clauses which causes loss to the members both financially as well as physically.

The builder may not be permitted to interfere in the domestic issues. 

The society is the authority for this and not the builder. 

You will not get any response for your concerns expressed through email, hence it is better you communicate the same in writing and send it by registered post.

Next thing is to adopt the legal process where ever you feel injustice is done.

2. You issue a legal notice to the builder to refrain from indulging in such activities that is causing harm to them both mentally and physically, and warn him of legal consequences if he is not stopping from indulging  such illegal activities against them .

3. Read the above answer which suits to this question too.

 

 

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

You have complaint against the society as well a builder. Both are harassing parents making unjust demand and excess billings. For excessive billing  and imposing specialized services compulsory you can approach Consumer Forum under new Consumer Protection Act, 2019 after issuing lawyer's notice to both under which  results are fast. For the harassment you can complaint to State and Central Human Rights Commission. Send a detailed email to Human Rights Commission on behalf of parents giving details of their phone numbers and local police. Human Rights Commission will issue direction to local police for investigation and seek report and also instruct to police to take measures to protect your parents. It will also keep periodical tab on police for enforcement of directions.

Ravi Shinde
Advocate, Hyderabad
3139 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

You are eligible for demand of compensation caused to mental agony, harassment and damages caused by builder  by correctly not following the terms of agreement. These can be claimed under law of torts besides several other remedies. You are suggested to serve a legal notice first to the builder and then you may initiate the case for the same in the court of law. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

A suit has to be filed 

For immediate relief an application for ad interim reliefs is to be made and an injunction sought against the builder from sending the bills and threatening to adjust the dues against the refundable security deposit 

Yusuf Rampurawala
Advocate, Mumbai
6998 Answers
79 Consultations

5.0 on 5.0

1. In the instant case, your parents (or you) are the Consumers and the Builder is the service provider.

 

2. You (or your parents as the case may be depending on who had entered in to the Contract with the Builder) can file a complaint case before the local District Consumer Dispute redressal Forum (or Commission depending on the amount you claim from the Builder) alleging deficiency in service and improper business practice praying for an order upon the Builder to comply with the agreed terms, pay the compensation, interest and cost.

 

3.Your parents can also lodge a police complaint alleging harassment on them being senior citizen.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. If there is breach of the terms of the sale agreement or the sale  deed as the case may be then it is deficiency of service and therefore you have the option of filing case before the consumer forum.

2. Yes, seek injunction as well in the case before the consumer forum.

3. same as advised above. However you cans end a legal notice before filing the case. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

there are various provisions for restraining the builders from harassing people but they vary from state to state. in any case you can approach civil court, RERA and consumer court to stop this harassment.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

- As per law, A society/builder has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, male/female servants/guest can be stopped from entering into the society, if the society is doing this, then the person harassed, they can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, your father being senior citizen can lodge his compliant against the said diktats of the builder /society , and also under the provision of Senior citizens Act as well. 

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

File a case before real estate regulatory authority.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

 

Dear sir/ma'am,

it is advisable to follow the law and legal path. you can send them a legal notice for cheating, fraud, breach of trust, non compliance of contract, etc. also this is a form of mental and physical harassment, ideally sending a legal notice is the solution, if things have not been handled all right yet by several emails and reminders.

Anik Miu
Advocate, Bangalore
5353 Answers
57 Consultations

4.9 on 5.0

Engage a lawyer from this website having good ratings

 

2) it is better if some other flat owners join hands for filing case against builder 

 

3) ask lawyer to explain in English the complaint filed by him 

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

Dear Sir/ Ma'am, 

Since it is clear by the facts that the builder had ulterior motives of gaining monetary benefits by providing compulsory services other than the contract, it is advisable for your parents to hire an advocate or a legal representative who can represent them in court. Such in-court representative shall have no issue with the local language of the place.

You must hire a lawyer who has a background expertise in cases like these and is competent to represent your case at the court.

It is further suggested that you can send a legal notice to the builder warning him to comply to the provisions of the Contract and not practice beyond it for monetary gains. Also, you can file for the damages for the mental harassment your parents had to go through.

Case of translation

The Code of Civil Procedure, 1908, was amended by the Parliament by Act No. 2 of 1951. This amending Act extended the Code of Civil Procedure 1908 to all part-B States including the State of Madhya Bharat. The amending Act came into force on 1st April, 1951. and thereafter the Code of Civil Procedure, 1908, became operative in Madhya Bharat and the Madhya Bharat "Indian Civil Procedure Code Adaptation Act, 1949. (Act No. 70 of 1949) stood repealed. The material provision is Section 137 of the Code of Civil Procedure, 1908 is as follows:

"(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.

(2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.

(3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be In English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at Ms request be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation".

 

 

Anik Miu
Advocate, Bangalore
5353 Answers
57 Consultations

4.9 on 5.0

- Language is not a problem , as it can be filed in English as well. 

- Further , if your parents unable to approach the competent forum, then he can file the same after giving any known person after giving him SPA on his behalf . 

- Further , he can engage a lawyer for the same , and you can take help from this website as well. 

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

1.  Whether online or your physical involvement, you may not be able to get the desired task done unless you involve the owner of the flat directly.

You can support them from background, i.e., they may have to lodge the complaint or take any action in this regard after which you can support them from the behind.

You may take the assistance of an advocate in the local to get your things done. 

2. You can engage the services of an experienced lawyer, but engaging the trust worthy lawyer depends on your own prudence.

3. Yes, you are demanding your rights and not indulging in any illegal activities.

4. With the help of a local advocate.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

Sir

 

Since most of the proceedings are taking place online these days, thanks to covid for this, therefore I think that physical presence in courts will not be required till it is required for any proceeding. I am of the opinion that your presence will not be required anywhere. There can be home services also for few things but that may be quite costly.

 

reply to your queries:

1. Are there any of the above legal options which I can do online to help them since I am away? 
A - filing of legal case is unavoidable.

2. The best will be to have a lawyer who can support us in this. How to find a lawyer who is trustable and competent,
so as not to switch sides considering the power and monetary influence from the builder?
A - I stay in delhi and can try to find out a lawyer in Bangalore (please tell your area).
Generally lawyers of good repute do not do such things as apprehended by you however you can
engage our services to keep watch on the local advocate. Besides this we can try to find out a lawyer
for you which will stay in our control and the chances of any such association with the builder will be eradicated.

3. Knowing that the builder has full maintenance control in the complex and no society to support,
is it prudent to pick up this fight?
A - you can avoid if you want but then this will encourage the builder to harass more. if you want to avoid then
it is advised to send a legal notice to the builder, if he considered it then you can save the money and harassment.

4. How to go about the challenge of an official language which we do not understand?
A - this may pose an issue however normally lawyers are aware of English and you will be able to easily
discuss your matters with them. still if you face any problem then you should engage lawyer from hindi
hindi speaking place like us and we will engage a counsel for you in Bangalore so the benefit is that you
will not be required to discuss anything with the local lawyer and we will handle it and brief the details to you of
each development in the case.

 

Good luck

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

1.to 3. You shall have to address the problem by approaching the Court. It does not matter whether the Opposite Party is powerful or not. 

 

4. You can not challenge the official language. You shall have to get letters/documents translated in to English/Hindi language.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

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