APARTMENT TERRACE COMMON FOR RESIDENTS: CHENNAI COURT
‘Promoter Cannot Use It Commercially’
CEV TECHNO NEWS- (CHENNAI): The terrace portion of an apartment complex is an area common to all its residents and the promoter cannot use it for commercial purposes, a city court has said.
The VI additional city civil judge S Muruganatham has also directed the promoter of one such apartment on Poonamallee High Road at Kil- pauk to remove a transmis- sion tower of a cellphone company erected on the ter- race and pay back more than Rs. 11 lakh rent collected for the same to the residents’ welfare association of the building.
The issue pertains to a suit moved by Brindavan Apart- ment Owners Welfare Associ- ation in Kilpauk against Kences Constructions Pvt Ltd, the promoter of the apartment.
According to the associ- ation, Kences developed the residential apartment in 42 grounds by entering into sep- arate construction agree- ments with 202 purchasers of the undivided share.
The residential apart- ments consisted of four blocks of eight floors each and two blocks of nine floors each. The 202 purchasers had purchased the respective properties between 1999 to 2005 from Kences. The 202 pur- chasers formed the residence welfare association in 2004 and took over the mainte- nance and management of the apartment.
“At the time of takeover, the association noticed that the promoter had failed to comply with several statuto- ry requirements stipulated for the safety and to provide the necessary fire safety re- quirements contemplated and stipulated under the Na- tional Building Code of India and Development Control Rules,” the association said.
This apart, the association also noticed that the promoter was retaining the ownership of the terrace area of the apartments though the entire undivided share was reserved for common use of the residents, it said.
“On the terrace of Block 3, the promoter has permitted the installation of a transmission tower by a private cell phone company on a monthly rent, thereby putting the health and safety of the residents and the apartments at risk,” they said.
Allowing the suit, the court directed the promoter to remove the transmission tower and hand over the possession of the terrace area to the residents.
This apart, the court has also directed the promoter to pay [11.16 lakh rent received from the cell phone company with interest of 12% per annum till the date of realisation to the association and provide all other amenities mandated by law within two months.
