1) I bought commercial office in 2018 from a builder - a partnership firm that is now undergoing arbitration in Nashik. 6-7 Months have passed since arbitration started in Nashik. In High Court Complainant has mentioned that building completion and Occupancy Certificate is not provided by 1st partner. This is part of secondary filing in front of arbitrator as well. 2) Area mentioned in agreement to sale is less than actual area because builder has done illegal construction. 3) Completion Certificate not obtained 4) Occupancy Certificate not obtained 5) Deed of Declaration of Apartments done. Signed by builder and his partner. Not signed by any of 4 flat owners and 2 office owners including myself. This document also seems illegal. 6) Construction of building is not as per approved building plan. 7) My office built up area is shown as 115.5 sq meter in agreement to sale and 114.4 sq meter in declaration of deed of apartment. Actual Area in possession is 156.125 sq meter. 8) Sale Deed not done as OC and Completion Certificate is not obtained. 9) Conveyance Deed not done as OC and Completion Certificate is not obtained. 10) Society not formed. Share certificates not issued. VERY IMPORTANT: NONE OF 3 BUILDINGS CONSTRUCTED BY OUR BUILDER HAS COMPLETION CERTIFICATE, OC, SALE DEED, CONVEYANCE DEED,ETC. IN SHORT HE HAS DUPED 20 PEOPLE IN 1ST BUILDING, 7 PEOPLE IN 2ND BUILDING AND 28 PEOPLE IN 3RD BUILDING. EVERY BUILDING HE HAS AGREEMENT TO SALE ONLY I have: 1) Agreement to sale. 2) Apartment Deed. 3) Architect Letter of 2016 mentioning work on building is complete. 4) Letter stating completion certificate will be applied for and given to me when it arrives. 3 flat owners out of total 4 flats and 2 office owners (there are only 2 office owners as remaining offices are with partnership firm) are ready to fight together to get completion certificate, occupancy certificate, Get Rectification of agreement to sale indicating proper area as per architect's report, Get Rectification of area in declaration of deed of apartment, Get builder to obtain new building plan as per existing construction approved from Nashik Municipal Corporation, Force Builder for Sale Deed and Conveyance Deed plus put our names on 7/12 Extract Q1. Can we - 3 flat owners out of total 4 flat owners and 2 office owners (total office owners = 2) approach high court in the same arbitration case as filed by complainant (2nd partner in partnership firm) as 3rd party so as to get a hearing from the high court? Q2. Can we - 3 flat owners out of total 4 flat owners and 2 office owners (total office owners = 2) submit application to arbitrator to add us as 3rd party to the case as we have interest in this case and are affected by actions of the partnership firm? Q3. What can we - 3 flat owners out of total 4 flat owners and 2 office owners (total office owners = 2) do for speedy justice? How can we approach high court in this case?
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You should file complaint t against builder before RERA seek orders to direct builder to obtain OC execute registered sale deed and rectify area mentioned in deed of declaration
2) you are not party to agreement with firm .you cannot be party to arbitration case
1] It is not a RERA registered project. As per Architect's letter building is completed in 2016. But I believe its an ongoing project because completion certificate and OC is not provided and therefore comes under RERA jurisdiction. So I believe we can approach RERA. Can 5 parties file case against builder jointly in RERA? Please advise. 2] Apart from filing complaint with RERA what are the other options available to us? Please specify all options so that we can take appropriate action against the builder. Should we 5 parties jointly file suit in Senior Division Court in Nashik or should we 5 parties (3 flat owners and 2 office owners) approach Consumer Forum Jointly? In this situation is RERA the best option before us? If we 5 parties approach consumer forum jointly then value of consideration comes to around 181 Lakhs (excluding stamp duty and registration). If we add Compensation of 5L per person for deficiency in services and mental harassment then total value becomes 2.06 crore. So can we approach National Consumer Forum Jointly. As the builder is a fraud and has duped 60 odd people by not providing anything beyond agreement to sale is there no way to approach high court in the form of PIL or file a writ petition in court against builder and the municipal corporation? Is there no way we 5 parties can approach High Court Jointly?
Dear Client,
Yes, it's possible to approach the high court as a third party in the ongoing arbitration case. However, whether the court allows your intervention depends on various factors, including the relevance of your claims to the ongoing arbitration and the discretion of the court. You would need to file an application for intervention, detailing your interest in the case and the reasons why you should be allowed to participate.
Yes, you can submit an application to the arbitrator to add yourselves as third parties to the case. Again, the decision will depend on the arbitrator's discretion and the relevance of your claims to the ongoing arbitration proceedings.
For speedy justice, you can explore multiple avenues:
Buyers association consisting of 5 parties can file complaint against builder before RERA
2) in alternative file complaint before consumer forum against the builder
3) The National Consumer Disputes Redressal Commission (NCDRC) has upheld the plea of home buyers or complainants that even if the home buyer cannot directly file a consumer complaint before NCDRC for want of pecuniary jurisdiction, the same can be done in a “Joint Complaint” wherein multiple home buyers will file one Joint Complaint against the builder and their aggregate sale consideration will be considered for determining pecuniary jurisdiction.
4)As held by the Hon'ble Supreme Court in Brigade Enterprises. (supra) (in para 35, 36 & 37), that there is nothing in the Act, which prohibits the few Complainants from joining together and filing Joint Complaint. The word complaint includes plural i.e., complaints also. Thus, a Joint Complaint is maintainable and it will be treated as one-complaint. … Admittedly, in the present cases, the value of the consideration paid by all the persons who have joined as Complainants in the Joint Complaint exceeds ₹2 Crores, therefore, this Commission has pecuniary jurisdiction under Section 58(1)(a)(i) of the Act to entertain all the present Joint Complaints. Accordingly, it is held that all the present Joint Complaints are maintainable before this Commission.”
you seem to have a lot of miscommunication and misinformation
first of all beyond the agreement to sell the builder is not required to execute any separate sale deed with the unit purchasers
it appears from your query that the builder has submitted the property to the Maharashtra Apartment Ownership Act and executed a Deed of Declaration to form an Apartment Owners Association
thus the builder has to register separate Deed of Apartment with each unit purchaser
as regards the conveyance of the land and building on it, just check the Deed of Declaration as to what is provided in it, assuming you have its copy. Else you can obtain it from the sub-registrar's officer by applying for a certified copy
it appears that the builder has not formed a society under the Maharashtra Societies Act and has instead formed a condominium under the Apartment Ownership act. So share certificate is not required since that is issued only when a society is formed
i dont understand how the individual names of unit purchasers can be included in the 7/12. It is the condominium's name that has to be entered in the 7/12 and with it the names of the apartment owners
7/12 is anyway not a title document as it is only for revenue purposes
your title document is your registered agreement to sell
the unit purchasers cannot intervene in the pending arbitration case since that is a dispute between the partners of the builder firm with which the unit purchasers should not be concerned
as regards discrepancy in carpet area, a rectification deed can be registered
but if your carpet area is greater than what was promised to you then you will have to pay additional stamp duty on that extra carpet area
if the project is not registered with RERA then that tribunal will not have the jurisdiction to try any disputes between the flat buyer and builder
the 5 people will have to file a suit for specific performance of contract ie to enforce the obligation of the builder to obtain OC
The dispute in arbitration council is between the partners of the company which is no where related to your problems or grievances you have against the builders.
Your grievances are separate hence you can approach concerned legal forum namely RERA or Consumer redressal commission or even civil court for all the reliefs that you have enumerated herein above.
All the 5 people can approach RERA jointly or individually also with your own grievances seeking relief.
RERA cannot refuse to entertain your complaint.
If it does then you can approach civil court with a suit for mandatory injunction seeking direction to the builder to complete all the impending tasks pertaining to the completion of construction work and other allied services ion this regard.
Municipal Corporation has nothing to do with the fraudulent activities of the builder.
You cannot file a writ petition against the builder in high court.
you can get the relief directly through civil court either by filing a suit for mandatory injunction seeking direction to the builder to complete the tasks and other allied works or to file a suit for specific performance of contract to execute the registered sale deed and also to provide the vital documents pertaining to the title of this property and or RERA or even a complaint through consumer forums too.
If area in agreement is less then you can seek rectification deed but in case if vice versa you need to file complaint before rera or consumer court
