Builder changing construction plan - expanding the project
Hi
Thank you for help in advance.
I had booked a flat in one of the A List builders in Bangalore in September 2017. At that point we were showed the completed design, construction plan, of the complete project including a detailed models of the flat, as well as a model apartment on site. Based on all this information and after ensuring that the land deeds and everything else was completely clean we booked a 3BHK flat in the project.
At the point of sale agreement:
Project area : 17.7 acres
Total number of units : 1608
Area of 3BHK: 1157 sq ft.
One clubhouse
Also, next to this project, the same builder had acquired land which we were told is a separate project where Row houses will be built and will have nothing to do with our project.
During past 1 year, we visited the site regularly and we were repeatedly told by their CRM team that Row Houses project is a separate entity.
However, through one of the buyers in our social community, we found recently that the builder has applied for approvals from several authorities for "Expansion of the existing project" out of which the Environmental clearance has already been received.
On pointing this out, the CRM people kept denying this But within the same week, we all received an email regarding expansion plan and the new proposal.
As per the new proposal
No. of units : 2170 (increase in units by 562 - which includes 127 row houses)
New blocks added : 1
New floors added to existing blocks : Total 14
Clubhouse : Only one, and moved to a different location(part of which will come under Civic Amenities area, relinquished to the BDA)
We as a group of buyers met them on site, and submitted our rejections of the new plan.
This is an act of cheating and a breach of trust from the builder side, and we do not agree for this expansion. Not only is the change in plan unethical, we are being forced to share the clubhouse with an increased number of residents.
Can you please let us know the legal rights that the current owners have in such a case.
Also, i understand that they are selling the new flats informing the new buyers about the proposed plan, and making them sign a document that they agree to it.
In this case the 2/3 voting of the buyers must be conducted for which only the current buyers should be considered and not new one, please correct me on this.
Also, if the builder somehow manages to show that they have received majority approval, what would be the legal course of action that the rest of the buyers can take.
Can we ask them to refund our money with interest, since this is due to a deviation from the Proposed plan and the Sale Agreement.
Please help us with this.
Thanks & Regards
A group of concerned buyers
Asked 6 years ago in Property Law
Religion: Hindu