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Postby sendtomanish » Sun Feb 20, 2011 12:31 am

Dear Eminent Citizens/Members,

We all may have some grievances and complain against builder, but we normally find ourselves very confuse and look to others for proper advice in absence of single regulatory body.Whatever your grievances against builder, don’t sit idle, please lodge your concern to all possible doors we have available now to make steady progress towards bigger aim of the guilty being punished. Everyone as individual should lodge their complaint on below government forums which is just away from your one phone call or on mouse click... The maximum complain we lodge to these agencies, larger database they have for single developer, more chances for quicker action and also these data will be shared to Ministry of Consumer Affairs, Govt. of India. Also, you can quote this reference number to EOW, Meditation center, Consumer Court etc. which will multiply your chances to win. Here are the some logical steps you can take to lodge your complain through proper channel.

1. Call consumer helpline toll free no. 1800114000, lodge your complain and save reference number.

2. http://www.ccccore.co.in/ this is site for consumer affairs....pls register your complaint here.

3. Lodge complains through Department of Administrative Reforms & Public Grievances, Govt of India online on http://www.pgportal.gov.in/Grievance.aspx.You can complain here directly to Urban development Ministry, Govt. of India for your case. Faridabad comes under National Capital Region Planning Board, ( MINISTRY OF URBAN DEVELOPMENT, GOVERNMENT OF INDIA ), URL:- http://ncrpb.nic.in/ncrcells.

4. Register your complain with CM, Haryana online on http://www.harsamadhan.gov.in/citizen/g ... hp?TabID=L

5. http://helpline.rb.nic.in/ this is president secretariat helpline. When you post your complaint here they would transfer your complaint to the relevant authority and intimate you by post.

In all above cases, you don’t have any hassle, it is absolutely free, easy to use and you can also track progress online. Once you done, you can pass your reference number to admin@myfaridabad.in with details to jointly take your case on appropriate forum.
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Builder can’t sell common area, says HC

Postby sendtomanish » Wed Apr 20, 2011 12:20 pm

Flat breather for Gurgaon: Builder can’t sell common area, says HC

In a major relief for flat owners in Gurgaon and other areas of Haryana, the Punjab and Haryana High Court has asked the Director of Town and Country Planning (DTCP) to look into objections filed by residents of Silver Oaks Society in Gurgaon against their builder.

The verdict defines the status of common areas or properties in group housing complexes in the state.

The residents contend that the builder, DLF, sold off convenience shops, community centre and club, parking places and nursery school in the apartment complex to private parties.

On September 9, the High Court Bench of Justices Adarsh Kumar Goel and Daya Chaudhary asked the DTCP to reexamine the declaration filed by DLF under the Haryana Apartment Ownership Act, 1983, while transferring properties to buyers. “The competent authority (DTCP) is to be guided by provisions, objects and spirit of the Act,” the Bench observed.

Under the Act, an apartment owner acquires right of ‘undivided interest’ in common areas and facilities (including community centres, clubs, parking space and nursery etc) in the percentage specified as part of the declaration. The Act was first notified in 1986, and again in November 1997.

The DTCP has been given six months from the date of order — September 9 — to decide on the residents’ objections. The court also ordered that owners in Silver Oaks, which has 749 apartments, who were denied membership of the condominium association be permitted to join it. The verdict said fresh elections should be held in two months under the DTCP’s supervision.

Giving its verdict, the court pointed to the sale deed, which says, “The sale price is inclusive of common services, including land or common use in the said plot of land”. This is also defined as 14.75 acres — the total area of the housing complex.

The deed also defines in the terms of group housing scheme in which external development charges, among others, includes schools, community centre, swimming pool etc.

“The coloniser (builder) cannot classify common areas as ‘apartment’ and thereby claim ownership in such areas and deny statutory rights of apartment owners,” the court held. “These common areas and facilities are indivisible and cannot be sold/divorced from the apartments under the provisions of Section 3(b) and Section 6 of the Act.

“(The) builder has no discretion to retain any such area or any facility, which is for common use, for himself.” That, the court held, is “clear breach” of the provisions of the Act.

The Bench also said that provisions of the Act would apply to every apartment lawfully constructed for residential purposes, integrated commercial complexes, flatted factories, Information Technology industrial units, cyber park and Cyber City .

Col B K Dhawan, president of the Apartment Owners Association (Haryana), and Silver Oaks Society association president A N Mehta welcomed the order, saying it will help apartment owners in many other areas.
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