Legal Question in Consumer Law in India

Our old tenanted bldg has been demolished and new bldg has been constructed . Our status as a tenant has been seized and now we r the owners of the new tenement allotted to us in lieu of our old , we had signed the consent letter and had agreed for redevelopment in the year 2004 Dec. In Jan 2005 the owner of the bldg signed an agreement on an Rs 100/- stamp paper with standard amenities and stamp duty and registration charges to be borne by us and other clause details . It was agreed in the agreement that possession will be given with in 20 months after obtaining CC from �MCGMumbai� IOD was obtained in AUG 2005, CC in June 2006, Owner amended the original plan given to us, in Jan 2007 no intimation was given to us for the change of plan. Even the copy attached to our agreement of Jan 2005. And the actual plan differs .He signed a P O A with builder in May 2007.

Possession was given to us In Dec 2008 with OC and water connection . After we took the possession the old structure where we were housed was demolished and another wing is constructed. In our wing there are total 22 flats and the new wing has 5 flats. In our agreement it is clearly stated that the plot of our society will be sub divided and conveyance will be made. We our selves have paid the stamp duty and registration charges. Its registered under MOFA Act.

Now the builder being a POA holder is delaying the formation of the society and sub division of the plot, as the owner of the land is also the member and is staying in the bldg & majority of the flats are being occupied by him and his family members. Now he has come to us stating that we old tenants give him a irrevocable consent for a deleting the clause for sub division of plot and to join the next tenanted bldg to our society.

What is the remedy available to us

Should we give our consent ?

Ours is a 1590 sq mtrs area and the adjoining plot is of 965 sq mts.

The bldg project is delayed because the addition FSI of 1.33 is still not sanctioned and there fore the builder and the owner is delaying the formation of society. He intent to use our FSI in the next building depriving us any benefits. Can he do so what remedies or immediate steps we should take.

As a old tenants do we have any rights in the new additional FSI granted by the govt. If the owner who is also a member in our bldg uses this FSI in the new bldg what should we do.

Both the plots are in the brothers name and are still joint. This division shown in our agreement may be for MCGM because a single plot of 2250 SQ mtrs or more attracts 15% garden reservation As one of my friend told that he is doing this because other wise it attract more reservation for garden is it not cheating with the MCGM authorities also.

Please advise as this is very complicated and due to non formation of the societies we are facing lots of problems like water shortages no proper maintenance of the buildgs chocking of the drains etc,

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