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CHS and Builder i) Service Charges ii) alloting stilt and open car parking

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  • Sridharan Pillai Pakkam Nattu
    Karmayog*Clarification needed on the following :* i. For Common facilities, the buildier is charging based on Area unlike Service Charges uniform as per
    Message 1 of 3 , Sep 30, 2011
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      Karmayog

      Clarification needed on the following :

      i. For Common facilities, the buildier is charging based on Area 

      unlike Service Charges uniform as per bye-law 69 a vi

      ii. Can builder give preference to bigger flats in the allotment of Car parking
       under stilt instead of First Come first basis ?


      i.Service Charges based on flat areas in violation of Bye-law 69 vi a

      A builder and his legal adviser are asserting
      that their recovery of charges for common facilities is based on the area
      of the flats

      and they are not bound by

       by the Bye-law of CHS clause 69 a vi where it is prescribed equal for all flats irrespective
      of their areas.

      Irrespective of the authority who is collecting the common facilities charges,
      logic guides that it should be uniform as every one enjoys the same facilities to the
      same extent.

      The developer has collected the service charges for three years based on the area along with
      property tax etc.

      He is not giving any interest for the huge amount he has collected.
      Can I demand?


      When the society is formed, the small flat owners will fight for lower charges and will create
      disturbance in the new society. This will create a permanent strain in the relationship between
      the members.

      Pl let me know the legal position.
      Is it possible to recover the excess collected by the builder?
      Pl give the procedure and the authorities to be approached.

      Is it possible to use RTI Act to know the correct position and action to be taken?

      ii Car Parking - preference to Big flat owners

      The builder has also sold open car parking areas.
      The builder has sold the Stilt parking covered areas to those who have purchased bigger flats.

      In my opinion, the criteria for allotment should have been on first come fist basis.

      Pl let me know the remedial mechanism available for grievances when such issues
      are before the formation of the society and the buyer is at the mercy of the developer.

      Regards,


      --
      Adiyen Dasan
      P.N.Sridharan.
      Sarena  C 502
      Shanti Park
      Ghatkopar East
      Mumbai 400077
      Ph:91-022-2506 5011
    • eleena100
      In my view, the easiest and most effective remedy for such grievances is filing complaint before the consumer forum. I am appearing before cosumer forums. If
      Message 2 of 3 , Oct 1, 2011
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        In my view, the easiest and most effective remedy for such grievances is filing complaint before the consumer forum.
        I am appearing before cosumer forums.
        If you need my help, pl contact me.
        I am out of India for about ten days.

        Binoy Gupta
        x Chief Commissioner of Income Tax
        email. eleena100@...
        Mob 9819116360 / 9920044620

        --- In karmayog@yahoogroups.com, Sridharan Pillai Pakkam Nattu <p.n.sridharan@...> wrote:
        >
        > Karmayog*Clarification needed on the following :*
        >
        > i. For Common facilities, the buildier is charging based on Area unlike
        > Service Charges uniform as per bye-law 69 a viii. Can builder give
        > preference to bigger flats in the allotment of Car parking
        > under stilt instead of First Come first basis ?
        >
        > *
        > **i.Service Charges based on flat areas in violation of Bye-law 69 vi a
        >
        > *A builder and his legal adviser are asserting
        > that their recovery of charges for common facilities is based on the area
        > of the flats
        >
        > and they are not bound by
        >
        > by the Bye-law of CHS clause 69 a vi where it is prescribed equal for all
        > flats irrespective
        > of their areas.
        >
        > Irrespective of the authority who is collecting the common facilities
        > charges,
        > logic guides that it should be uniform as every one enjoys the same
        > facilities to the
        > same extent.
        >
        > The developer has collected the service charges for three years based on the
        > area along with
        > property tax etc.
        >
        > He is not giving any interest for the huge amount he has collected.
        > Can I demand?
        >
        > When the society is formed, the small flat owners will fight for lower
        > charges and will create
        > disturbance in the new society. This will create a permanent strain in the
        > relationship between
        > the members.
        >
        > Pl let me know the legal position.
        > Is it possible to recover the excess collected by the builder?
        > Pl give the procedure and the authorities to be approached.
        >
        > Is it possible to use RTI Act to know the correct position and action to be
        > taken?
        >
        > *ii Car Parking - preference to Big flat owners*
        >
        > The builder has also sold open car parking areas.
        > The builder has sold the Stilt parking covered areas to those who have
        > purchased bigger flats.
        >
        > In my opinion, the criteria for allotment should have been on first come
        > fist basis.
        >
        > Pl let me know the remedial mechanism available for grievances when such
        > issues
        > are before the formation of the society and the buyer is at the mercy of the
        > developer.
        >
        > Regards,
        >
        > --
        > Adiyen Dasan
        > P.N.Sridharan.
        > Sarena C 502
        > Shanti Park
        > Ghatkopar East
        > Mumbai 400077
        > Ph:91-022-2506 5011
        >
      • umprabhu@consultant.com
        Sincere thanks for your query for my personal opinion, which is on complimentary basis. Please check your agreement / Society Byelaws, for any restrictions if
        Message 3 of 3 , Oct 1, 2011
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          Sincere thanks for your query for my personal opinion, which is on complimentary basis.

          Please check your agreement / Society Byelaws, for any restrictions if any imposed by the Builder / Developer & or any undertaking that you must have signed prior to taking over the possession.

          I BELIEVE that:

          For common Amenities, the Builder cannot charge as per area.This is in consistent with the laws.

          No builder cannot sell Car parking Area, it is the Soceity's Perogative to provide on 1st Come - 1st Served Basis.

          The back arrears that the Builder has sought /collected, In my opinion can be DISGORGED with interest + Cost of Litigations & Compensation for Financial Harassments / handicaps with mental agony, by quickly moving the Bandra- Mumbai Suburban District- Consumer Disputes Redressal Forum / Court ,Government Colony- Administration building, near Chetana College, bandra[E], Mumbai 400 051, as part of the EXCESS amount collected without any authoirty in law.


          Best of Luck,

          Thanks & Regards,


          U M PRABHU- 091 721 68 0 84.
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