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Author Topic: Change in building plan by builder without consent.  (Read 458 times)

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Offline VijayManiyar

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Change in building plan by builder without consent.
« on: July 16, 2016, 02:40:18 AM »
Had booked a flat about 1.5 yrs ago. The plan was for a 5 storey building. The slabs of the 5 floors was constructed during that time along with the walls.Based on the plan got a loan sanctioned. But later the builder applied for permission to make the building 12 storey. Due to this the project has got delayed. Now he has got permission and will start the construction from 6th storey. He did not take our consent while changing the plan. The possession date has passed and it will take around another 1 to 2 years for the project to get completed.Can i get compensation from the builder for this

Offline adv.amarnath

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Re: Change in building plan by builder without consent.
« Reply #1 on: July 17, 2016, 01:03:33 AM »
You do not have right to interfere in the construction rather I will say you should not poke your nose in the construction. It is between the landlord and developer. You have only option to ask promoter/ developer to change your allocated flat on the higher stored if you wish to go.
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Amarnath Sanyal
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Offline rajgopal sripathi

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Re: Change in building plan by builder without consent.
« Reply #2 on: July 18, 2016, 08:37:37 PM »
Hi
you need to look in to the contents of your builder buyer agreement(BBA) or Agreement of sale(AOS) before you decide on next course of action

If in the BBA/AOS the builder has promised you possession with in a stipulated time and then did not deliver flat to you in the specified time, then it is deficiency of service as defined in Section 2(1)(g) in the Consumer Protection Act, 1986 and you can pursue the case against the builder in Consumer Dispute Redressal commission/Forum(consumer courts).

Another point to note is that all flats come with an Undivided share of land. Assuming that the land is 600 square feet and there are 6 flats in it, each of the flat will get 100 square feet as undivided share of land. In your case, since at the time of booking the builder has promised to construct 5 floors and now he is planning to construct 12 floors, the Undivided share of land would have diluted by almost 100%. So you need to engage a lawyer to understand the impact of new plan to construct 12 floors on your BBA/AOS and then decide on the next steps.
Hope this helps
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline VijayManiyar

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Re: Change in building plan by builder without consent.
« Reply #3 on: August 09, 2016, 02:36:33 AM »
You do not have right to interfere in the construction rather I will say you should not poke your nose in the construction. It is between the landlord and developer. You have only option to ask promoter/ developer to change your allocated flat on the higher stored if you wish to go.


Why do I not have the right to interfere. The Builder signed a contract with me that the buiding is 6 floors and i will get possession on the said date.I have taken a loan amount and now the flat possession is delayed because of the change in plan. Shouldnt i be compensated for this. Shouldnt the builder taken my consent before making chamges to the plan.

Offline VijayManiyar

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Re: Change in building plan by builder without consent.
« Reply #4 on: August 09, 2016, 02:37:40 AM »
Hi
you need to look in to the contents of your builder buyer agreement(BBA) or Agreement of sale(AOS) before you decide on next course of action

If in the BBA/AOS the builder has promised you possession with in a stipulated time and then did not deliver flat to you in the specified time, then it is deficiency of service as defined in Section 2(1)(g) in the Consumer Protection Act, 1986 and you can pursue the case against the builder in Consumer Dispute Redressal commission/Forum(consumer courts).

Another point to note is that all flats come with an Undivided share of land. Assuming that the land is 600 square feet and there are 6 flats in it, each of the flat will get 100 square feet as undivided share of land. In your case, since at the time of booking the builder has promised to construct 5 floors and now he is planning to construct 12 floors, the Undivided share of land would have diluted by almost 100%. So you need to engage a lawyer to understand the impact of new plan to construct 12 floors on your BBA/AOS and then decide on the next steps.
Hope this helps

Thanks Rajgopal, will look into the points mentioned by you..Again thanks for your advice

 

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