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Want to file Consumer case against Builder for not vacating
17-Jul-2023 (In Consumer Court Law)
As a apartment association we have some issues with the builder. Builder handovered the apartment almost three years back but he kept one penthouse on the terrace under his control. This penthouse has no ghmc approvals. Plus in cellar he is using some place as a godown /store room and not vacating the same with ignoring our requests. We have faced lot of issues in the last rainy season. Cellar was flooded with water and we requested builder to Vacate the same to make the repairs but he is ignoring. This is the apartment with 55flats with cellar, ground plus five floors.. Builder has made a temporary arrangements for fire safety for ghmc verification later removed all the setup. If we asked about the same he is saying building approval file was considered as commercial mistakenly by government officials that's why he did like that. He promised gym room as amenities but not provided sufficient room. Even in flat registration he has reduced 1-2 yards for each flat and now
First make him commitment that all irregularities will be rectified within specified time in writing . Including unauthorised pent house construction and temporary arrangements made for Fire and Safety for inspection purpose only. Then you approach concerned consumer jurisdiction.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Dear,
This is case of illegal occupation and deficiency of service from the builder and he needs to be removed from the penthouse immediately and he needs to address your concerns regarding the deficient amenities provided to your apartment and the vague explanations pertaining to the approval of the building . First of all, send a legal notice on behalf of the association to the builder through a lawyer and demand him to vacate the penthouse make good the deficiencies and do changes to the apartment as was agreed between both the parties. If the builder does as per your request good, else approach consumer forum and file a complaint there and proceed further. Please feel free to contact me if you need any assistance in this case.
This is case of illegal occupation and deficiency of service from the builder and he needs to be removed from the penthouse immediately and he needs to address your concerns regarding the deficient amenities provided to your apartment and the vague explanations pertaining to the approval of the building . First of all, send a legal notice on behalf of the association to the builder through a lawyer and demand him to vacate the penthouse make good the deficiencies and do changes to the apartment as was agreed between both the parties. If the builder does as per your request good, else approach consumer forum and file a complaint there and proceed further. Please feel free to contact me if you need any assistance in this case.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Dear, Regarding pent house if it is illegal raise a complaint with the GHMC officials and take the acknowledgment, further please check if he has already applied for BRS if any... Regarding using space in cellar as godown/store room etc., you can see the sanctioned plan for construction from the authorities if there is any violation of the construction which is not as per the norms of the sanctioned plan then it has to be removed.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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The apartment Association has to file a consumer case against the Building. All the activities doing by the Builder are illegal. You can claim the relief of vacating the godown, making repairs, arrangements for fire safety, providing gym rooms etc.
You can give complaint to Municipal Authority regarding Penthouse. They will demolish.
For some of the reliefs you have to move civil court, as you will not get elaborate and comprehensive orders in the Consumer Court.
You can give complaint to Municipal Authority regarding Penthouse. They will demolish.
For some of the reliefs you have to move civil court, as you will not get elaborate and comprehensive orders in the Consumer Court.
Helpful?
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Adv. Ravinder Pasula
Hyderabad | 100+ Answers
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