Advocate AdityaVikram Singh

Questions Answered by Advocate AdityaVikram Singh (25+ answers)

Q: Society asking to relocate AC compressor Unit

I live on the 4th floor of a 4 storied building. I had had a AC installed in my bedroom which has the compressor unit outside the grill, not facing towards the common area, not obstructing any neighbor's view or coming into a common area. However I am being threatened to be fined for the same if not removed. Request your legal advice on 1.Should I remove the compressor unit, if yes, who would bear the cost 2.Can my society fine me if I do not remove the unitYour expertise is very much appreciated.

Advocate AdityaVikram Singh answered
Since you live in a society assuming you own the flat. Societies have their own framework and can form rules and regulations. They can very well ask you to remove AC compressor but they will also have to suggest alternate area of Installation. To answer your questions:1. If they have asked you orally don't. If they have given you a notice then you will have to. Or you can amicably resolve the dispute without going to lefal recourse as that would be much more vostly affair then relocation of AC. You can mutually discuss on charges or send notice to society to claim the expenses.2. Yes, they are well within their rights to fine you.

Q: Delayed possession of Property

Hello Team, - I had purchased an apartment in Shriram Greenfields Phase 1 in May 2017. Sequence of events in points for clarity.1) The possession as earlier mentioned was December, 2017. 2) Later the dates were shifted to early next year. 3) We signed all bank formalities with SBI for a bank loan for over 50 lakhs in Feb 2018. The property was under sub-vention scheme and was to be handed over by June 2018.4) We have been paying EMI's from July 2018 everyone month.5) The dates have been shifting ever since and still we have not received the possession.6) When we approached the builder regarding selling the property in May, 2019, the builder quoted an amount less than what we had bought it for. Also they informed us that we would have to pay Rs. 150 per sqt to the builder as property was still not registered, and further we will have to arrange for the buyer and pay extra administrative charges.I want to get rid of the property as and want my money back.

Advocate AdityaVikram Singh answered
You can take your token amount back based on the delay. If agreement is made you can claim damages by sending notice or you can talk to landlord and ask for the reasons of delay and take in writing the losses, also you can ask how your damages to be paid. In case of no agreement ask them the refund of token amount.