Legal Question in Civil Litigation in India

I own an apartment in Annanagar East, Chennai. We are facing the following issues in the residence.
1. The common area of the property is being allowed to be misused for family living of the Watchman/Servant maid, by the association president and two more resident owners. The servant family ( 5 or 6 adult members) are being used for 24 hrs household errands by these three flat owners. The servant family is naturally loyal to these three owners. Since we take objection they are very antagonistic towards us. This is being perpetuated for 8 years. The association president says that this servant family was left in the premises by the builder, which is refuted verbally by the CEO of the builder.
2. Another issue is , since I do not continuously live they are also grabbing my legally reserved car park. The builders agreement signed between them & myself shows in the article 28 , that Iam allotted a reserved car park. The builder also gave me a letter allotting slot no. 7 to us before occupation. The builder specially told us while booking , to take this slot , because it is on the left side of the building and has only one slot, which will be more convenient that the others in the right side of the building which is used for several cars and has the main entrance. This is a fact
3. This time I lived there for two months and started claiming my right to the car park. This is not liked by the residents who exploit my absence. One resident who has two cars tries to deny my right to reserved car park , even though he enjoys his reserved car park on the right side of the building. He misbehaved through his driver as well as he himself in one evening.
4. I also went and talked to the builder on all the issues faced in the residential block. Following this, to my shock, the builder sent a letter to the association stating the car park is open to all. But he chose not to deal with the issue of illegal occupancy in the common areas.
5. I called the CEO of the Builder and read out the agreement clause and questioned about the breach of agreement. He said he will send a correction letter. When I questioned him why he is silent about the misuse of the common area of the property, he said he will advise against that also to the president of the association. But until now he has not kept up his promise. This builder�s recent letter is to my knowledge a clear breach of contract.
6. With great difficulty I asked for a residents meeting which was attended by these three plus myself (others did not attend) I pointed out. They are not in any mood to correct the situation.
I am aware of the long drawn legal process in our country. I do not have time, energy or money for that. Can you suggest some way forward and advise.

Asked on 9/24/09, 10:57 pm

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

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1. You must immediately issue a legal notice to builder claiming exclusive rights to your allotted car park (per article 28 of construction agreement) and say that he must confirm the same in writing. Otherwise you will approach Consumer Fora for justice.

2. You should issue a legal notice to the President of Association for a) unauthotized eviction steps b) copy the notice to the person illegally trying to occupy your car park in your absence and warning him that you will file police complaint, if he trespasses.

3. It is better that you have your representative (a lawyer or other qualified person) to visit your property once a month and ensure your car park is free from trespass and give a report to you. Besides that representative should meet the Association President also while visiting the property once in a month.

S.Seshadri

Chennai Office Phones: 98403 20808 /28515229

emails: [email protected]

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Answered on 9/25/09, 5:27 am

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