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.

NYadav more  

View all 6 comments Below 6 comments
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. more  
File criminal case under 156/3 more  
File a suit under Indian Easement act, 1882 with a good and knowledgible advocate. more  
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... more  
Is it India Bulls project of Gurgaon? more  
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 more  
talks, police all done..no results...Court is only way out. more  
Post a Comment

Related Posts

    • Aadhar Card

      I shifted my house from one area to another in same city. i.e from sector 53 to Sect 42 in Gurgaon . I am unable to change new address on aadhar card as Govt wants me to produce address proof. To ...

      By Rajeev Bhargava
    • Can a Co-owner as wife make a Trust deed ?

      Sale deed has 2 names-Husband & Wife. Husband is living separately in another home and wife was earning to buy flat,( Husband had No source of income) Wife is paying for maintainance...

      By Anonymous Circle member
    • Refund rule against downgrading to 3ed A.C from 2nd A. C.

      For travel on 2th April 2022 from Thane to Bydur ( Mookambika Road), on konkan Railway.the ticket booked on line through IRCTC. For difference fare, ZTTE issued a certificate. PNR no.8449078066.

    • MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽

      MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽ MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽ MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽

      By Bookmy Kumar
    • OB cash loan customer care number 9102124538

      OB cash loan customer care number 9102124538 🇮🇳 OB cash loan customer care number 9102124538 🇮🇳

      By Raju Kumar
    • ancestral property rights

      Dear Members We are 4 kids to our parents, after parents expired without partition or will. Now I want to give up all my ancestral property rights to some one legally, so that they can c...

      By Anonymous Circle member
    • CITY Governance Charges (CGC) on Carpet Area Basis?

      In a mega township project where one of the reputed builder charging CITY Governance Charges (CGC) based on per sq ft basis. It's nothing to do with building common area maintenance charges which i...

      By Mahesh Bhutkar
    • H'ble SC asked GOI;- Is Govt willing to Ban Convicted Netas life long to Contest Elections

      A CJI Teared His Eyes. A CJI suggested Joint Meets of Judiciary and Executive. Another CJI deeply regretted and Seriously commented on Convicts Heading a Political Party and Share the Rule. T...

      By Csn Sarma
    • Harazent by neighbor and society community

      What should we do to when a neighbor keeps harassing to us and our tenants who stay in our house which is in ozone villa society pune. When I was staying in 2014 with my six months baby and trying ...

      By Anjana P K Jain

      Legal Agreements are a part of our every day life. We get into formal Agreements at various stages of our life. Parents sign on Agreements for their wards at school since minors cannot get into con...

    • RWA Maintenance

      Hi, Would like to know is there are any court order or Law which gives flexibility for Owner/Tenant to pay the maintenance amount as per his/her convenience. Initially the m...

      By Anonymous Circle member
Enter your email and mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

All My Circles
Invite to
(Maximum 500 email ids allowed.)