Dispute in Residential Project..Confusion on Suggested 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)
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
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.
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. more
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 more