Unitop Apartments & Builders Ltd vs Jagjeet Singh Lyallpuri & Ors on 31 July, 2015
Author: Kuldip Singh
Bench: Kuldip Singh
FAO No.5704 ... Date of decision: 31.07.2015
M/s Unitop Apartments & Builders
... Appellants
versus
Jagjeet Singh Lyallpuri and others
..Respondents
CORAM: Hon'ble Mr.Justice Kuldip
builder') is the builder of a multi
storied residential cum commercial building having 36
apartments and having a plinth area of 7252.98 sqm consisting ... ground floor and first floor, that the apartment project is a
pure residential apartment project, but, the builder converted the
recreation space into commercial space
Government had already issued a
memo dated 17.06.2011 permitting the Apartment builders who have
not registered and have not opted for composition, to register themselves ... Under the Government Memo dated 17.06.2011, the Government
permitted those apartment builders who had not registered and not opted
for composition under Section
expenses payable
by such apartment owner may be recovered from the person
in the occupation of the apartment.
20. Apartment owner not to be exempt ... Apartment Owners Association:
The competent authority shall send specific notice to all
multi-storeyed apartments informing the owners of
apartments that it is their right
Director General (DG) to investigate the alleged conduct of residential
apartment complex builders including the Opposite Party No. 1 and CREDAI.
Investigation ... concluded that certain practices are being commonly carried on
by builders/ developers of residential apartments in the country as detailed
below
with him, who represented builder as her managing
partner; whereby and whereunder the said builders
undertook to construct residential apartments in the
schedule property ... same will not
bind the builder and her partners; thus, the builders
claiming the counter claim.
25. The builder further also contending that,
the court
execute the
Deed of Apartment, to itself execute and register the Deed of Apartment on
behalf of the promoter / builder. Similarly, the disputes ... size of the apartment, on each of
the apartments. We thus direct that upon any of the apartment owners so
approaching
execute the
Deed of Apartment, to itself execute and register the Deed of Apartment on
behalf of the promoter / builder. Similarly, the disputes ... size of the apartment, on each of
the apartments. We thus direct that upon any of the apartment owners so
approaching
practice, Delhi Apartment Ownership Act, 1996 failed to elicit favorable
response from lease administrative agencies, promoters and flat owners and apartment
builders. It has been ... apartment owners, neither
fictionally nor practically while executing the Agreement for allotment/sale of the
apartment. b) In fact, these builders are not even executing
other transfers of any apartment as reserved for use
of certain apartment or apartments to the exclusion of other
apartments", to contend that ... facilities could be reserved for one apartment or other
apartments to the exclusion of all other apartment, why such area and
faculties cannot be reserved
