Legal Question in Civil Rights Law in India

Dear Sirs,

I am the Secretary of a proposed Housing Society in Malad, Mumbai. Ours is a building of 12 floors at the moment with 57 flats. After obtaining the consent of 41 members we had filed for registration in December, 2009. This is basically a sale building under SRA project with the possession handed over to members in 2008 and erected under the plan of 2006. However, we have received a rejection from the Registrar yesterday on the submission made by the Builder. The Builder has got an amended plan approved in 2009 for raising additional 7 floors and adding 30 more flats thus making the total strength as 87. The raising of the upper floors has just started however, the Registrar has considered the new plan of 2009 disobeying the fact that the members were not made aware of the no. of floors and flats that would be constructed during the time of sale. The agreement with the 57 members has a clause in their agreement that the building just mentioning several floors. Further, during the possession, the Builder has got a notarised document signed by all the 57 members that they do not have objection for the planned construction. The members had helplessly to do it since they wanted the possession.

We seek your advice whether the Registrars opinion was correct that he considered the no. of members as 87 against the 57 flats which are in place.

Further, what is the course of action we need to take so that everything is smooth. We have no objection as such for the construction activity however, since there are many grievances namely leakages in flats, building though the construction is new, we want the Builder to address them before he leaves handing over the Society to us.And, that was the only intention of we all 41 members to go ahead with the registration.

Looking forward for your soonest advice.

Thanks and best regards.

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