Society division and maintenance handover from Builder
1 month ago
we have bought new home at Diva Heights, Gota.
earlier this land was under XYZ contractor and they have build Vishwas City 10.
After some dispute between partners, one of the partner have build 3 building in remaining space and given name as Diva Heights.
Now we don't have any official bank account on name of Diva Heights and builder is only taking care of maintenance from given deposit at time of purchase. we want to take handover of the same and want partition wall between 2 society.
A.Dear Client,
In the absence of a court decree of partition, partners are not authorized to independently divide the land. Even if the building plan has been approved in favor of a partnership firm for a single piece of land, a partner cannot unilaterally claim the division of the property as long as the partnership exists. It is emphasized that internal disputes between partners should not adversely affect home buyers. In such cases, flat owners can collectively bring the matter to the attention of the Registrar or Deputy Registrar of Cooperative Societies for resolution.
However, if the housing project is approved by the Real Estate Regulatory Authority (RERA), Builders and Developers are accountable for any deviation or deficiency in service upon receipt of the cost of service. If the matter remains unresolved, issuing a legal notice and filing a complaint individually or collectively under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer is a viable option. This would involve claiming compensation for the deficiency.
Alternatively, consumers can file a complaint against the Builder for deficiency in service and unfair trade practices before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019. This may include serving a legal notice and claiming compensation for harassment and litigation costs. Another recourse is to file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. It is essential to note that complaints before the Consumer Court must be filed within two years from the date of the cause of action, i.e., from the date the Builder failed to fulfill their commitment as per the terms of the agreement.
In the absence of a court decree of partition, partners are not authorized to independently divide the land. Even if the building plan has been approved in favor of a partnership firm for a single piece of land, a partner cannot unilaterally claim the division of the property as long as the partnership exists. It is emphasized that internal disputes between partners should not adversely affect home buyers. In such cases, flat owners can collectively bring the matter to the attention of the Registrar or Deputy Registrar of Cooperative Societies for resolution.
However, if the housing project is approved by the Real Estate Regulatory Authority (RERA), Builders and Developers are accountable for any deviation or deficiency in service upon receipt of the cost of service. If the matter remains unresolved, issuing a legal notice and filing a complaint individually or collectively under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer is a viable option. This would involve claiming compensation for the deficiency.
Alternatively, consumers can file a complaint against the Builder for deficiency in service and unfair trade practices before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019. This may include serving a legal notice and claiming compensation for harassment and litigation costs. Another recourse is to file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. It is essential to note that complaints before the Consumer Court must be filed within two years from the date of the cause of action, i.e., from the date the Builder failed to fulfill their commitment as per the terms of the agreement.
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A.Dear Client,
In the absence of a Court's decree of partition, partners cannot divide the land on their own. The building plan-approving authority has approved the building plan in favour of a partnership firm for a single land. Based on the internal dispute between the partners, a single partner cannot claim the division of the said property so long partnership exists. For internal disputes between the partners, home buyers cannot be made victims or sufferers. Flat owners can jointly/collectively bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter. However, in the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builders/Developers, they shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developers, then serving a legal notice, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency, Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date the Builder failed to keep their commitment as per terms of the Agreement. Reach out to an Advocate for guidance and steps.
In the absence of a Court's decree of partition, partners cannot divide the land on their own. The building plan-approving authority has approved the building plan in favour of a partnership firm for a single land. Based on the internal dispute between the partners, a single partner cannot claim the division of the said property so long partnership exists. For internal disputes between the partners, home buyers cannot be made victims or sufferers. Flat owners can jointly/collectively bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter. However, in the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builders/Developers, they shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developers, then serving a legal notice, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency, Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date the Builder failed to keep their commitment as per terms of the Agreement. Reach out to an Advocate for guidance and steps.
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