Dispute in Residential Project..Confusion on Suggested Solution
Reframed last post to make it more clear. This post have better details of dispute and solution :
a) Residential Project spread on PlotA, PlotB registered as Phase1
A/B/C buildings on PlotA having own entry gate
D1_D2 buildings on PlotB having own entry gate
6 common facilities/amenties on PlotA(clubhouse,pool,watertank)
2 common facilities/amenities on PlotB(STP, garden)
b) Dispute
A/B/C stopped access of amenities on their side for D1_D2 from last 4-5 years EXCEPT Water Tank.
A/B/C uses all facilities of projects on PlotA, PlotB from Day1
D1_D2 want to use facilities on PlotA like swimming pool, clubhouse
c) Legal solution for D1_D2 suggested through various consultations
File a Civil Suit under Sec 38 and Sec 34 for permanent injunction
d) Question
someone raised question on the suggested legal solution :
as D1_D2 are not in possession so they cannot take ask relief under Sec38
Point is D1_D2 want to use all facilities freely thats purpose of suit but out of all having posesession 2-3 only .
Please validate suggested legal solution in depth of laws.
Thanks,
NYadav
a) Residential Project spread on PlotA, PlotB registered as Phase1
A/B/C buildings on PlotA having own entry gate
D1_D2 buildings on PlotB having own entry gate
6 common facilities/amenties on PlotA(clubhouse,pool,watertank)
2 common facilities/amenities on PlotB(STP, garden)
b) Dispute
A/B/C stopped access of amenities on their side for D1_D2 from last 4-5 years EXCEPT Water Tank.
A/B/C uses all facilities of projects on PlotA, PlotB from Day1
D1_D2 want to use facilities on PlotA like swimming pool, clubhouse
c) Legal solution for D1_D2 suggested through various consultations
File a Civil Suit under Sec 38 and Sec 34 for permanent injunction
d) Question
someone raised question on the suggested legal solution :
as D1_D2 are not in possession so they cannot take ask relief under Sec38
Point is D1_D2 want to use all facilities freely thats purpose of suit but out of all having posesession 2-3 only .
Please validate suggested legal solution in depth of laws.
Thanks,
NYadav
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Apart from Civil remedies, Criminal action also can be initiated, which may fetch immediate results - Comparatively. Advisabe to adopt the same. Same is the case of Consumer Forum, wherein past several years the "Consumer/s " are availing facilities & payments must have also been paid. So suddenly stopping attract unfair trade practices apart from Lack & Lacunas in services.
Nov 29
File a suit under Indian Easement act, 1882 with a good and knowledgible advocate.
Nov 27
Ok will check that...till now most advocates suggested Civil Suit under Sec 38 and Sec 34 which will includinge interim order to start using facilities earliest and suit will go on for years...But few advocates saying violation of Sec38 due to possession clause....Releif under Sec38 in case of Partial possession( we using watertank,stp but not clubhouse,pool) is main confusion point...
Nov 27
Arbitration? Kejriwal CM Delhi has given 1 page ads in newspapers for resolving disputes through arbitration Matters related to property disputes are going on for years because the other party refuses to come to the court and gives excuses Cases linger on for years Will arbitration work for delhites? Will the guilty party come to the venue and sit down with the aggrieved party to resolve the issues related to illegal construction and unlawful occupation of disputed promises? Real life is tough and arbitration is not going to work for any disputes, specifically for issues related to property We as Indians derive sadistic pleasures from occupying spaces belonging to lawful owners
Nov 27
