Advocate Rahul Tawade

Questions Answered by Advocate Rahul Tawade

Q: society maintenance charged sq ft wise instead of per Unit wise

sir, I have my own shop and the society maintenance charged as per sq ft area but as per bylawsit is to be per unit wise. for the situation i suffered unnecessary heavy cost of maintenance. there are so many shops are in the complex which is in small area size they want sq ft wise maintenance bcz of their self advantage.Thanking you sir,

Advocate Rahul Tawade answered
Sir,Charging of society maintenance on per sq ft basis is wrong. The maintenance charges are to charged per flat or shop wise. Send a letter to society drawing their attention to this legal provision. Consult a local lawyer and send legal notice to the society.

Q: Co operative housing society problem not resolved n my door is damaged

Water falls heavily from terrace roof to the door of my shop in a hsg society from last four years. Letters and reminder also given time to time to he secretory of the society. And also in AGMs too but all in vain. Almost four years passed. Last year (2018) I gave a notice from advocate to repair my shutter and stop leakages. They just repair my shutters and leakage work is not done till this rainy season. This year my glass door spring is damaged.So how can I approach to consumer court. Which cooperative clauses should I use in my application?Thank you

Advocate Rahul Tawade answered
Sir, From the inputs you have provided it is clear that you are a shop owner in the said housing society. Although it is not clear if you have rented it out or using it carry on your business. The case will not fall under the provisions of consumer court instead file suit for damages caused against society.

Q: Society harassment me, for keeping bachelor 8 people in my house

I have 1 bhk flat in bhandup that I have rent to my hotel staff ,my hotel is on ground floor but society giving problem to them they are telling your house you make a godwon ,I am Hindus

Advocate Rahul Tawade answered
Sir, The flat is purely for residential purpose. If your tenants(Staff) is causing nuisance to others members the society has every right to raise objection. You need to talk to society committee and sort out the differences.

Q: Gram panchayat sanctioned property builder fraud listed

My loan is not getting sanctioned because of gram panchayat property, also got to know builder is fraud listed. What can I do against the builder.

Advocate Rahul Tawade answered
Sir/Madam,Withdraw from the project and demand back the money you have already paid.The information provided by you is very little and insufficient will need more inputs to provide proper legal advice.

Q: Builder- Delay Possession I have purchased flat in 2014 with agreement

Dear Sir,I have purchased flat in 2014 with agreement also done on 07.11.2014.And as per agreement the Possession dated was 30 month from Agreement date.But still the Possession not done.Bank (NBFC) also disbursed 85% loan also. Also it seems he has extended Possession date in RERA.Now i want to withdraw/canceled the agreement.in this case how can withdraw/canceled the agreement? and how can i get refund?Please suggest/

Advocate Rahul Tawade answered
Sir/Madam,From the information provided by you it is clear that the developer is at fault. You can withdraw from the project and ask for refund and also interest on the amount. The developer will be governed by the possession date given in agreement. Further discussions could be held based on documentary facts.