Notice To A Builder For Compliance 282 - Legal Draft
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NOTICE TO A BUILDER FOR COMPLIANCE
RAJARAM S. RETAWADE, C-4/10, Shantiban Society,
M. A. (Hons)(Eng); LL. M ; D.I.T., S. No. 52/1, Kothrud,
Advocate. PUNE-411038
Tele: 52 81 204
Dated ............
NOTICE
(REGISTERED A.D.)
To
(1) M/s Anand Associates,
"Vishwa Darshan",
100 Shivajinagar,
PUNE 411 005.
(2) Shri Sachin Joshi,
"Vishnu Bhawan",
200 Shivajinagar,
PUNE 411 005.
Sirs,
Under instructions from and on behalf of my client, Shri BRG, of 1500 Shivajinagar, Pune 411005, I have to address you as follows:
1. That the property bearing S. No. 80, Final Plot No. 25, of Shivajinagar, Pune 411 004, is held by my client, and he had allowed to construct a building consisting' of residential flats on the said property, and you were to sell flats and shops to your customers, and my client had retained the ground floor as it was then existing with himself. You had constructed one flat on the ground floor and two flats each on the first and second floors, and of these, it appears that you have sold six flats to your purchasers.
2. That it was agreed and understood that the property was to be subjected to the provisions of the Maharashtra Apartment Ownership Act 1970 and the rules made thereunder. However, you have not been taking proper steps for doing so. In the mean while, you have submitted a draft of the proposed declaration, which was neither in accordance with the provisions of law nor the terms and conditions of the agreement between you and my client.
3. That you are hereby called upon to prepare and resubmit to my client immediately a declaration defining properly the apartments, their percentage of ownership and drafting also the bye-laws of the proposed condominium and to get the same registered at the earliest.
4. That it also appears that you have been trying to misuse the power of attorney given to you. However, please note that it was a joint power conferred by my client and his wife, Smt. Hemalata, who died on...., and, as such, ipso facto then only the said power stood
terminated, and you are further informed that if at all you contend that anywise the power you were to continue, it hereby stands terminated.
5. That it seems that you are trying to pick up quarrels about the use of the common areas and facilities. Please note that excepting the inner areas of your apartment, all the rest of the areas are common areas and facilities, and, hence, all the gardens, courtyard, open spaces and terraces are meant for the common enjoyment, and hereafter any obstruction on any of such area would be treated as trespass by you on the common areas.
6. That you kept on the said property your own servant in an unauthorised hut whose presence on the property is a nuisance to my client and other apartment-owners. You are, therefore, hereby called upon to remove him from the premises, and hereafter make it a point that on the property, there should be no person entering in the capacity of a servant, unless such an appointment is made by all the members of the condominium in their meeting.
7. That an early compliance of all the above mentioned matters is called for, failing which my client will have directly to call upon the other members of the condominium who would join him in taking an appropriate legal action in the matter, which please note.
8. That if you fail to take an immediate action and do not comply with the demands made herein by my client WITHIN TEN DAYS from the date of the receipt of this notice, you shall have to thank none but yourself for your inaction and faults and follies, which please further note.
9. That as the adamant and illegal behaviour on your part has necessitated this notice, you are hereby charged with the costs, i.e. Rs. 1,000-, which please lastly note.
Yours faithfully,
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[ RAJ ARAM S. RETAWADE ]
ADVOCATE.