Legal Question in Real Estate Law in

Dear Sir,

I bought a flat in the year 2008 in jaipur. During my visit to the buillder and as per the brochers i was told that a community hall was proposed for the building which was to be used by the resident owners. now that the building is complete and 16flats out of 22 in sold and a society is formed for maintenance of the building on 1/04/2009. Now the builder is not willing to hand over the possession of the common areas and the community hall to the society and says that the same belongs to him and is at his descreation. Our regestries dont have mention of community hall and also states that owner ship of the common area are with the builder. We have paid for super build area 20% of the carpet area. In our agreement before the registry it said that he was selling the flat with undivided share of common area and the land. I filed an RTI application with the Jaipur Development Authority regarding the common area and communiry hall they say that it lift/lobby/stairs and community hall was proposed as common area which can be used as per the terms and condition of the builder.

1. Please advise on what we can do to get the community hall from the builder.

2. As our agreement has mention of the common are a and land being sold along with the flat but our regestries dont have the mention of it..is our regestries incorrect and do we have undivided share in the common area and the land.

regards

manoj saraogi

D23/24 Kalwar Scheme

Gopalbari

Jaipur


Asked on 8/21/10, 6:24 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

it is a disputed question of facts. Would largely depend upon the agreement and correspondence before the registration. Your remedy is to challenge the practice of the builder before the consumer court, secondly you may file FIR for having cheated by the builder and thirdly you may challenge the unfair trade practice before the Competition Tribunal in New Delhi

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Answered on 8/21/10, 1:42 pm


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