We live in a complex which has several multi-storeyed blocks. The overall plan of the complex was clearly defined in the initial prospectus.

During construction, we found the would-be open areas and tennis courts were being covered by a multi-level car park. This has blocked the flow of the south wind to my flat.

The number of flats was increased by adding floors and selling open spaces as car parking slots. We are losing undivided proportionate share of our ownership land and super built-up area of the flats.

Calcutta High Court had said written consent of all owners is required before any addition/alteration. What should we do now?

Col K.C. Roy (retd), Hiland Park

Ownership of a flat is not transferred during construction, but after signing the conveyance deed and registering the property. Before that, the buyer is only the agreement holder. So the high court ruling will not apply in your case.

Generally, the agreement between the buyer and developer includes a clause that gives power to the latter to carry out changes in the plan subject to the approval of the civic corporation. Please check if the CMC has approved the changes being made in your complex. If it has, you cannot do anything. Also note, tennis courts and open spaces are not part of the super built-up area.

There is a shop on the ground floor of our building. Recently, the shop-owner held a function in the common passage. Some flat-owners objected, leading to an altercation. The shop-owner sued the flat-owners, but did not name the association or office-bearers. Since then, these flat-owners have stopped paying the monthly maintenance charge for almost a year, saying the association should reimburse the legal expenses.

a) Should the association pick up the legal bill?

b) How can we recover the overdue maintenance charges from the defaulting flat-owners?

c) Can the shop-owner be held responsible for the present situation?

Sonia Sarkar, Calcutta

Since the suits were filed against the flat-owners, the association does not have to bear the expenses.

If they do not settle the matter amicably, the association can take them to court. The association can also stop providing maintenance to the errant flat-owners, except essential services like water, as a punitive measure.

The shop-owner cannot be held responsible for the present situation. However, he should be asked not to use the common passage for personal use without the consent of the association.

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Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001