Hostel is commercial activity which is not allowed under zoning rules of Municipal Corporation. You can make a complaint to Corporation against hostel. If the amenities are not as mentioned in brochure issued, you option of making complaint to Real Estate (Regulation and Development) Act, 2016 authority under Section 7 or you can also complaint the District Consumer Forum under new Consumer Protection Act, 2019 under which proceedings are fast and you get result faster.
Whether hostel can be operated in residential building without consent of association?
I bought a property in chennai where the builder has indicated that he may retain some of the flats as serviced apartment. However, his drawings, approvals everything says it is residential building. Builder started handing over from 2017 in staggered manner and to our surprise, builder made an agreement with a corporate company to run a hostel in one entire block with his unsold flats & offering some lucrative money/benefits to the owners of already sold flats. Corporate hostel company gets all legal approval and operates it with girls & boys since Dec 2020 which is mid of the campus. Builder says that he already got the approval of every flat owner in the agreement to lease or operate the service apartment but we offended that the agreement says only some flats & not the entire block. Also he didnt indicate the corporate company name either. Small numbers of families here are suffering by the nuisance. Hostel students have common access for everything, though builder says they are not allowed to enjoy common facilities, neither hostel company nor the builder could control them There was no association as it was thin populated and builder was not enabling the association formation with existing rivalries in apartment. His agreement says that he will not involve in any activitiy with respect to association formation. Hence we formed the association with the available members, registered with Government body by 2021. Now, 1.builder neither handover the apartment to association either by part 2.nor completing his amenities as per brochure. 3.He also didnt disclose the agreement between Hostel company and himself. 4.He is trying to form his favourable , biased association and writing letters to each house owners even after our information How do we get remedy, what are all the set backs we have
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Please file a written complaint with the State RERA authority, with all available evidence on hand. If an association has not been legally formed, the complaint can be made by a group of flat-owners having a common cause.
File complaint against builder before consumer forum and seek orders to direct builder to provide amenities as mentioned in brochure
2) file suit seek court orders restraining builder from running hostel in association premises
Yes you can do it with other requisite permission of the local corporation without permission of association. There is no harm in taking permission of association but they deny
Send a legal notice to builder and all others.
After response decide to file a case.
Regards
G.Rajaganapathy
The apartment association is a registered body and a legal entity, it can very well issue a legal notice to the builder to handover the apartment, failing which it can initiate actions either through RERA or consumer forum.
For not providing the amenities as promised the builder can be dragged to consumer forum directly and ask for compensation too besides provision of the amenities that are pending.
