Dear Sir/Madam, I am an owner of a 2bhk flat. I am a female and staying with my parents who are Senior Citizens. Our buildig had 12 flats and 11 members in total. The group of 9 people of our CHS have formed a 'Majority' for the redevelopment and have ignored me Totally. We are staying in a rented house given by the builder. The building is demolished for redeveopment on May 27th. Though the order to demolish was given on 29th May 2023 (document received under RTI act) I was NOT given any Notice regarding the demolish of building by the society or the builder. I am NOT given even a Single Document regarding redevelopemnt. Nor my Signature is taken on any document yet. My flat is safe on my name Only beacuse of the Conveyance Deed which i had done few years back when i was the society chairman. I have been facing a lot of trouble and non co-operation from society committee regarding the redevelopment. The committee never communicated with me nor accepted any of my registered letters. We were been removed from our flat (owned) in same building by breaking our house door and disconnecting the water connections in our absence almost a year back. During recent building demolish, our house had lot of luggage in it and we had to shift it in the worst emergency while demolishing work was carried out simultaneously. Me and my parents were very shocked. I have taken photos and videos of the entire situation. I had been to police station to file FIR but police wasn't ready to accept it. So i sent an complaint email to Commissioner of police regarding the building demolish Without any Notice to me against Builder and Society Committee. I have Not included any IPC code in it as i don't know it. So i dont know if my complaint email to commissioner can be considered as FIR or not. My house has home loan with HDFC. So soon after building was demolished, i had informed to HDFC by an email that my house is Demolished Without any Notice to me. In this situation, Please let me know, How can I make the builder to PAY the remaining homeloan amount as a Penalty to demolish it Without any Notice to me or Without any documentation with homeloan bank. (homeloan amount ramaining=Rs.11 lacs). Also me and my parents have been Troubled a lot by Society committee in last 3 years. Can we can ask for COMPENASTION OR PENALISE the society committee or builder for 'demolishing house without any Notice to me? The society committee are behving like "All is their rule". How else can i PUNISH, PENALISE the society committee for all the troubles they have caused to us on grounds that i am a WOMAN and my parents are SENIOR CITIZENS? PLEASE HELP ME. THANKS SO MUCH
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) file complaint against society and builder before consumer forum and seek compensation for mental torture undergone by you as house has been demolished without prior notice
2) builder is not liable to pay your balance home loan
3) complain to registrar against society and seek orders to furnish inspection of documents relating to redevelopment
It CANNOT be understood what exactly is your objection against the redevelopment?
you have asked queries here 5 months back also
your entire query is couched in the most generalized and vague fashion
the home loan liability is yours...why will the builder pay that?
you will be allotted a new rehab flat in the new building to be constructed
it appears from your query that the builder has also given transit premises to you for your stay till the time the construction of the new rehab building is completed
it will not at all work by playing the woman and senior citizens card
you have to specify what are the breaches that the society and builder have committed in the redevelopment process
you are an objector in minority ...majority are ok with the redevelopment...why should they suffer ?
being a woman does not give you any license to tweak and bend the laws
when you say that the society committee has troubled you and your parents in the last 3 years, what have they exactly done? there is no whisper whatsoever about it
plz note that if with such a case you approach the court, it is you who will be heavily penalised and not the society or builder
in the IOD the corporation puts a condition that until the PAAAs are executed and registered with the society members and submitted to the corporation, the corporation will not give commencement certificate to the builder to commence construction
but it is not the requirement that consent of all society members has to be there. The requirement is of majority consent and not 100% consent. If 100% consent was the requirement then disgruntled members like you who wants to block the redevelopment for no rhyme or reason, would never give consent and this would prejudice the other society members who find no infirmity with the redevelopment process
you must approach a good competent lawyer and inform him what exactly are your objections rather than shooting arrows in the blind like how you have done in your query
I was NEVER against the redevelopment. I wrote in my EVERY LETTER to commiitee that i an in FAVOR of redevelopment.In fact i myself did Conveyance Deed after 17 when i was a chairman. But the the society committee had broken our flat door and disconnectd our water connection to leave the house. They NEVER simply told us to leave. They dont leave a single chance to harass us. They have NEVER given me a Single document of redevelopment. They have NOT selected builder on Election basis. They directly selected only 1 builder on their own. Till now i dont know what amenities i may get in my flat. No redevelopment document yet after demolishing also. The commitee had Not followed any redevelopment process. Above all they are HARRASSING me and my parents in all methods possible. If law against women are strong in India then WHY ME AND MY PARENTS ARE HARASSED LIKE IN A HINDI FILM EVEN NOT DOING ANYTHING AGAINST THEM ANYTIME??? IS HARRASING A WOMAN "OTHER THAN" SEXUAL ASSAULT SO EASY THAT I AM GOING ON SUFFERING FROM LAST 3 UEARS BUT CANNOT DO ANYTHING???
The structural audit report will determine whether the building should go in for redevelopment or for major repairs. In the absence of the technical report it would not be legally permissible to pass a resolution in the general body meeting for approval of Redevelopment, you confirm this also.
Firstly, the complex should be more than 25 years old. Any project that is less than 25 years does not qualify for redevelopment. Secondly, the builder in-charge should declare the structure as dilapidated. However reconstruction requires the consensus of a minimum of 75 percent of the society's residents.
Everything in the world has a definite shelf-life, even buildings. A redevelopment project, under the right circumstances, can be a win-win situation for the residents as well as the builder.
An agreement document between the builder and the residents is a must. The document should explicitly specify the obligations and expectations of the builder and the society members to avoid issues. Moreover, it should also include a penalty clause in the case of a breach.
You can file a permanent injunction suit or file a writ petition before high court and obtain a stay order due to the said grievances.
You can approach high court or a district court and obtain an order of stay or injunction against the developer for the said reasons,
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, as per Section 347(c) of the BMC Act , no alteration can be made to a residential building or plans which have been approved by the BMC ,and without the permission letter submitted to the BMC on behalf of the occupants.
- Further, every individual member has sole ownership rights over his property , and no one including a housing society has right to demolish an individual's property without his/her consent.
- Hence, the said act of society is against the law , and hence you can file a complaint before the Registrar against the society , and also before the Consumer forum after making the builder as a party
- Further you can file a complaint as well against them for the offence of demolishing your flat without getting your approval and consent , and to harass a senior citizen.
Issue legal notice to society to furnish documents relating to redevelopment
2) you can also complain to registrar against society refusing to furnish you documents relating to redevelopment
You can file a suit and seek stay from court
