• Regarding civic/public amenities in residential society

Hi,

I have had bought a flat in DLF Rajapura, in Bangalore in April 2012 and possession is still due. Initially as per the plan the Clubhouse and other amenities such as swimming pool etc. were supposed to be inside the project property on the designated Public Amenities area. But recently we received the Final Demand Note from the builder asking for all the due payments such as Balance payment, Clubhouse charges of Rs 75000, Club Membership fee Rs. 25000, Club Annual Subscription Charges @ Rs. 7000, Club Security deposit refundable @ Rs. 10000 etc. 

I regularly keep visiting the site and there is Clubhouse built and we have a meeting with the builder couple of weeks back and they said that they have not received the permissions from the local authorities to build the club house within the premises and they have another piece of land half a km away and they are proposing to the local authorities to grant permission to build the clubhouse in that property. More over for that also they have not any development plan or blue print ready to share with the buyers. 

There are two separate projects running on the same land one is called Maiden Heights and the second one is called WoodLand Heights.

Builder is now saying that the same Clubhouse will be used by both the projects.

My Questions are:

1. If the clubhouse or any promised public amenity is not built by the builder how can they ask or force buyers to pay for it, they don't even possess the permissions from the local authorities for the same.
2. Does it really require a special permission separately from the local authorities when the builder already has permissions to build the complex and the PA land is supposed to be used for creation of amenities?
3. Can a builder sell same clubhouse or other amenities to the buyers of other project, as we signed on the Buyers Agreement for DLF Maiden Heights so whatever is agreed by us in the agreement is only in the name of Maiden Heights under the belief that everything will be owned by the Owners/Buyers association of Maiden Heights only.  Is not the builder cheating with buyer of both the projects by selling same property to two different parties? During the meeting with the DLF last week the representative rudely replied to this question that "We have mentioned in the Agreement a clubhouse will be given and we never said that it cannot be outside the premises or will be owned by owners of Maiden Heights or Woodland Heights."

If you can help and give us a few tips or idea with reference to Legal Articles or Acts will be of great help.

Regards,

Anil Aliyan
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, it amount to deficiency of service, the builder has promised to club house and other amenities and now he is refusing to give the same.

2. When builder has not provided club house and other amenities he has no right to ask for fee, so you can reply to the builder that first provide club house and other amenities in the apartment then only you can pay the money to him. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1)it is  necessary to peruse agreement signed by you with builder to advice 

2) if builder does not have requisite permission to build club house he should not recover contribution from flat purchasers 

3) separate permission would be required by builder for construction of club house 

4)builders generally share club house among 2 projects or so as it is an expensive proposition to construct club house for only one project . If there is no clause that club house will be only for your project builder cans hate the club house among other projects too
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1. It is the duty of builder to obtain all sanctions from the competent authorities to fulfill the promises made in the agreement. The buyers can either refuse to make the balance payment and then go to court to seek judicial orders to the builder to honour the promises made by him with compensation, or they may make the payment under protest and then go to court to seek appropriate relief against the builder. 

2. Special permission may be required if there are special local rules. 

3. The part of the property which has been promised to the buyers of one project cannot be sold to the buyers of other project unless the former consent to it. To restrain the builder from selling you can seek injunction from the civil court by filing a lawsuit. This will be without prejudice to your remedy to seek compensation from the builder for not providing the promised amenities. 

4. The clubhouse has to be given within the premises and not outside it. 

5. No legal articles are required. Just engage a lawyer to initiate the process.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. If the clubhouse or any promised public amenity is not built by the builder how can they ask or force buyers to pay for it, they don't even possess the permissions from the local authorities for the same.
The builder cannot demand payment  for the non-existent or for a facility promised by sale agreement is not at all in sight.  This is absolutely unjustified and illegal on the part of the builder. The residents/buyers can demand the permission by the authorities for the club house and that too as per the original approved plan shown at the time entering into the agreement. 


2. Does it really require a special permission separately from the local authorities when the builder already has permissions to build the complex and the PA land is supposed to be used for creation of amenities?
It is not so.  The builder is trying to make a mockery of the agreement.  If there was a mention about the club house and other facilities in the sale agreement, the builder has to make the facilities available before handing over the possession and occupancy certificate.  This is a flimsy excuse he renders. Moreover, if he is not building the club house then the vacant space called common area is o be handed over to the association. The builder cannot have a club house at a far off place when he has an approved plan providing the club house in this premises. 




3. Can a builder sell same clubhouse or other amenities to the buyers of other project, as we signed on the Buyers Agreement for DLF Maiden Heights so whatever is agreed by us in the agreement is only in the name of Maiden Heights under the belief that everything will be owned by the Owners/Buyers association of Maiden Heights only.  Is not the builder cheating with buyer of both the projects by selling same property to two different parties? 
This is absolutely a fraud played by the builder on the buyers, it should not be accepted by the buyers and they can take legal action against the builder and even can highlight this issue in the press media clearly mentioning the fraudulent ways of constructing the apartments by the so called reputed builder where the buyers are ultimately cheated without providing them the agreed facilities. 



During the meeting with the DLF last week the representative rudely replied to this question that "We have mentioned in the Agreement a clubhouse will be given and we never said that it cannot be outside the premises or will be owned by owners of Maiden Heights or Woodland Heights."
This attitude can be viewed very seriously by the buyers. They cannot behave that way to the buyers. 
In fact there is settled case favoring your situation before the consumer forum:
State Consumer Disputes Redressal Commission, AP State
1. Mrs C.Sita Prasad W/O ... vs M/S Lodha Healthy Construction & ... on 25 November, 2013  CC No.107 OF 2012 
this judgment is a settled law to be cited as reference. You can approach the consumer form for getting your grievances redressed.  
  
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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