• Row house common wall issues

Hi,

We live in a row house with a common wall with a two storied building on one side. It's a part of the same project. Now the builder never created a society citing various issues and it's been over 12 Yrs since we got the possession. We have following up with the builder but he insists that we get signatures and documents of all the owners. The problem that we are facing now is the next door apartments have been sold out to another local builder and he has been renovating the whole place to create commercial office spaces. The top floor has been completed with walls pulled down and bathrooms demolished. We had a tough time with wall seepages and our bedroom getting flooded over the last year and a half. Now they have started renovation work on the first floor with the same approach of demolishing walls and pulling down bathroom walls. We are having a tough time sitting in our house with day long hammering going on. At times the walls vibrate due to the constant hammering.

Is there anything that we can do to stop this? Once a project has been approved as a residential project can a part of it made commercial? What can we do now to force our builder to get the society formed without further delay. Calling up PMC has been of no help here.

Please help us!

-Anant
Asked 7 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) file complaint before consumer forum against builder for deficiency in service and seek orders to direct builder to form cooperative housing society 

2) also seek compensation for mental torture undergone by you 

3) file RTi application with PMC whether plans have been sanctioned for commercial project 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
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Is there anything that we can do to stop this? Once a project has been approved as a residential project can a part of it made commercial? What can we do now to force our builder to get the society formed without further delay. Calling up PMC has been of no help here.

If you are confirmed about the residential project alone, you may either make a complaint against them for converting the same into commercial blocks with PMC or any other authority, before that obtain information about this through RTI act.
The builder may be served with legal notice demanding the formation of society failing which you may approach consumer forum for deficiency of services and for compensation for mental agony.
If the construction work done by the adjacent building damages your property, you may advise them to make good the damages to your wall or you can file an injunction suit against them agaisnt this loss suffered by you.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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A residential project cannot be converted into a commercial one without the approval of the competent civic authorities. You and other affected owners can move the civil court through a suit for injunction to restrain the builder from executing the commercial project, 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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