We are four residential garages in our society who has been staying since 76 and have been paying equal maintainence as other owners in society. We agreed for redevelopment with promise that we will get 25% additional area on carpet and 15% fungible area and same was agreed and signed in individual agreement and we have main DA signed as well Even rates for additional area was fixed to around 20k as we planned to buy so that we have a decent flat in building Its almost now 5 years with no redelopment and now builder is showing some interest to get going but now he is backtracking saying that he would not be able to give additinal area to residential garages as his fsi is getting consumed since he does not get additional fsi for garages But this was case earlier as well as nothing changed from 2012 to 2017 and infact fsi has increased with increase in fungible area as well He says he is left with very little area for him to sell and hence pushing garages to reduce their area Above all now he says he will also increase cost of additional area to market rate which will be beyond our reach We have a meeting scheduled with builder tom on this and we are going to push to stick to what was agreed as he is breaching the contract We are 4 members out of 28 and hence can go for redevelopment due to majority as he is giving other members as promised I want to know what we should do and what should be our push while discussion and what all has changed in last 5 years Also what should be the rate at which we should be getting additional area What is 1982 verdict for residential garages in mumbai What all can we do if builder is not ready to treat us at par What can be for breach in trust by builder Also we know there is min area in mhada or sra schemes which one gets , does this apply to private hsg socities as well Please call me on [deleted] if talking is more feasible
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1) terms of contract are sacrosanct
2) if builder has agreed to give additional 25 per cent carpet area it is binding upon the builder
3)builder has to give you additional area at 20k as agreed upon
4)if builder is refusing to honour his agreement you can file complaint before consumer forum against builder and seek court orders to provide 25 per cent additional area as agreed upon
5) seek litigation costs and compensation for mental torture undergone by you
1.Well,once agreement is made and out into writing neither party cna etract without mutualcosnent.
2.So the builder is stipulated to provide what he had agreed and he can resile from that position only if both of you make another agreement containing fresh terms and conditions.
3.So unless and until it is done he is bound to deliver what he had agreed.
4.Now if he refuses to honour the terms of the agreement you can cancel the agreement and make anew agreement with another builder.
5.Another Option is to file case before the consumer forum so the builder is forced to provide what he stipulated.
Hello,
If the builder has promised to give you additional 25% carpet area at 20K then he will have to abide by the same as no party can go beyond the terms of the contract.
If however the builder is not abiding by the terms of the contract you may send him a legal notice and even after the same if he refuses to fulfill the promise then you may file a case against the builder in the consumer forum.
Regards
If the builder is telling you orally that he will not be able to provide the facility as agreed, you can ask him to give the same in writing.
If he is living in writing or denying to give the same in writing, you may issue a legal notice demanding him to perform is part of contract as agreed in the agreement.
After that you can either file a suit for specific performance of contract or can drag the builder to the consumer forum seeking relief and remedy.
Proportionate allocation of space is yor legal right in the development scheme at par with the flats under redevelopment.
