property/real estate
3 years ago
In an apartment run by a registered association,I have bought a flat.Apart from many inconveniences caused by the builder,I am amazed to see that the builder has advertised to sell the mandatory front space of the apartment (5 Mtrs) to 5 individual as open parking space and the owner"s association has signed an agreement with the builder against a lump sum amount allowing the builder to do so.Since I have become vocal and denied to sign on their "No Objection" form,I have been pronounced not to entertain with daily service,though I have been paying maintenance regularly. Now sir my question is
1. has the builder got any right to sell the common area?
2.can a registered association help a builder to sell a common area this way?
3.can a registered association force an individual flat owner to sign to make an illegal deal?
4.As per your valuable advice I am going to file complaint against the builder to the consumer forum ,but to whom to complain against the association for this malpractice ?
My answers are as follows
1. has the builder got any right to sell the common area?
Ans; no
2.can a registered association help a builder to sell a common area this way?
Ans;no, as it is against the interest of members of the association .
3.can a registered association force an individual flat owner to sign to make an illegal deal?
Ans; you can lodge and protest with deferent concerned authorities.
4.As per your valuable advice I am going to file complaint against the builder to the consumer forum ,but to whom to complain against the association for this malpractice ?
Ans;you may approach civil court by filing suit in reptesentative capacity inviting other willing members of association to join this suit.
.
Please give me RANK FIVE {5} if my this answer satisfies you.
Devesh Tripathi
Responded 3 years ago
CONTACT LAWYER
sanjay panda
Responded 3 years ago
So you can proceed in consumer case against both .
As you have specifically asked to action against society you can also complain before registrar of society for misuse of power curtailing others right.
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