It is not a case of consumer. There is no relation of consumer. Report the matter to police. File suit for permanent and mandatory injunction against society and builder. Negligence is not an excuse in law.
House broken without notice - by society and redevelopment builder
Dear Sir/Madam, Today my Flat broken and started to be demolished by builder without any intimation. In my society 12 members , 12 flats. I am owner of 2 bhk flat. Soc did redevelopment process without following any rules. Never received any letters from us. Soc Never respond to us and ignores us..for no reason. Now soc did redeveopment agreement Without informing us...and without our sign. Society office breaers 5 yaers tenure alredy over last september 2022. I told buider that i want to sign on redeveoplmet agreement. BUt he asked me to vacate the flat to demolish. I said untill i dont sign anywhere and do PAAA (Permnaent alternative accomodation agreement) i will not handover u flat to demolish. But today he started demolish building including our flat. WHAT SHOULD I DO TO STOP THIS ACTION IMMEDIATELY? PLEASE HELP.
Asked 11 months ago in Consumer Law
15 Answers
File FIR agasint builder for immediate result. Also file civil suit in court to obtain injunction agasint the builder. Court may grant immediate stay.
You can seek stay from civil court. Also file consumer complaint in consumer court for compensation. Also file FIR against society and builder
File suit seek stay order restraining builder from demolishing your flat as due process of law has not been followed
2) also file police complaint against builder for criminal trespass
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, for any development work , the society has to take the permission & consent of all the residents , and hence the said acts are against the law.
- However, for stopping the demolition work and to sign the agreement , you can file a Permanent Injunction suit before the Court on urgent basis .
- Further, as the tenure of socieyt has already elapsed , then you can lodge a compliant before the Registrar .
Approach High Court of Bombay immediately and stop the demolition. You can contact any good lawyer today and writ can be on Friday, heard and interim can be obtained same day by moving lunch motion.
you take the photographs of the demolition work and file an emergent suit for permanent injunction with a petition for temporary injunction restraining the builder before a civil court to restrain the builder from demolishing the building till disposal of the suit.
This is a residential home, hence he cannot demolish the same while there are inhabitants living in that house.
It is illegal for the society to enter into a redevelopment process without the consent of the members of the society, the Society is not an authority to do any act that would be against the interest of the members of the society
Thanks so much everyone for your valuable guidance. I have a Follow up question that - COULD I FILE A 'STAY' AND SUIT THROUGH "WRIT PETITION" on builder and society? In which case WRIT can be filed? Beause after taking STAY in consumer court, the builder can try to remove STAY. If STAY is removed i will have appeal to next higher court for STAY again. This all will demand more time, energy and money. Builder has more money than me. But if i could do WRIT, it will be all Once. Builder and society has used ALL SHORTCUTS and wrong process till now in redevelopment. So removing STAY given by Hig Court by WRIT, will be a tough thing for the society and builder. So could i file a WRIT PETITION? If no, in which case i will be able to file a WRIT?? If yes, any suggestions for good lawyers for WRIT? Please help. Thanks so much
Asked 11 months ago
No WRIT can be filed nor any WRIT is maintainable against individuals. It is civil dispute. File suit.
No writ but civil suit but first try to file FIR.
No case of consumer court and Writ.
No writ petition is maintainable against society and builder
2) The Supreme Court has held that a writ petition can only be issued against a public authority
The writ petition is maintainable however the question will arise that why you have approached high court before exhausting the remedies available in the lower court.
You may have to approach civil court with a suit for injunction against the builder
You can look for lawyers practicing in the writ side at high court for filing the the petition
You can take any of the remedies if you go for writ don’t go for consumer complaint decision is yours. Stay can be challenged by the other side in any manner if they want to
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Hon'ble Supreme Court has elaborately dealt with this subject on several occasions and has issued comprehensive directions to deal such situations. It is to be followed in such cases by the municipal authorities and in case there is any violation of the said directions, the affected person is at liberty to take up the matter before courts.
Better would be in your case to ask for interim direction of stay from Consumer Forum and legally speaking judges in Consumer Forum are aware of such tactics of builder and they usually pass the decision in favour of consumers. Even if at all Writ Petition is filed, then the builder would certainly challenge the order in Hon'ble Supreme Court. Writ Petition cannot be filed against private entity. If your builder is getting some funding from government then only Writ Petition would be maintainable. Article 12 of Constitution of India says that "The 'State' Includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local and other authorities within the territory of India or under the control of the Government of India." Therefore, Writ Petition can only be filed against State.
In Sunil Batra v. Delhi Administration, the Supreme Court held that the right to life included the right to lead a healthy life so as to enjoy all faculties of the human body in their prime conditions. It would even include the right to protection of a person's tradition, culture, heritage and all that gives meaning to a man's life. It includes the right to live in peace, to sleep in peace and the right to repose and health.
My team can help you in drafting the petition and legal representation if required. Compensation can also be prayed for.
Detailed discussion is required in such cases with complete documents.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record
Supreme Court of India
- WRIT is filed in High Court , however for getting restraining order , you can file the Suit before the District judge
Dear client,
If your flat is being demolished without any prior intimation or proper process being followed, it may be a violation of your rights as a flat owner. Here are some steps you can consider taking:
Document the demolition: Take photographs and videos of the ongoing demolition to have evidence of the unauthorized action taken by the builder. This documentation will be important for any legal proceedings or complaints you may initiate.
Contact the police: If you believe that the demolition is unlawful or unauthorized, you can consider filing a police complaint. Provide them with all relevant details and evidence of the demolition without proper notice or authorization.
Consult an attorney: Engage the services of a lawyer who specializes in real estate and consumer law. They will be able to assess the situation, review your rights and obligations, and guide you on the appropriate legal action to take.
File a complaint with the appropriate authority: Depending on the specific laws and regulations in your jurisdiction, you may be able to file a complaint with the local municipal authority or the appropriate government body responsible for overseeing construction and redevelopment projects. Provide them with all the necessary details, evidence, and documentation to support your case.
Consider a legal injunction or stay: Your attorney can help you assess the feasibility of seeking a legal injunction or stay order to halt the demolition until the matter is resolved. This may require filing a case in the appropriate court and presenting strong evidence to support your claim.
Regarding the possibility of filing a writ petition, it is a complex legal matter that requires a thorough understanding of the facts, applicable laws, and the jurisdiction where the case is being heard. It would be best to consult with a lawyer who has expertise in writ petitions to assess the viability and potential success of such an approach.
Your lawyer will guide you on the specific steps to take and represent your interests throughout the legal process. They can also recommend other suitable legal remedies based on the facts of your case.
Please note that the information provided here is general in nature and should not be construed as legal advice. It is crucial to consult with a qualified attorney to understand your legal rights and options based on the specific circumstances of your case.
