I have the following queries for your suggestions and future actions.
1. I have bought an apartment with DS Max in bangalore. I have booked the flat when it is in the construction stages. I didn't know about the deviation, by the time I got it registered I found that the builder has made one floor deviated. Since he has deviated one floor we are not getting occupation certificate (OC). When asked about OC he says that the residents have to bear the expense for the same. We have not made any deviations and we have paid for our sqft. The bank from which I have taken the loan inspected and provided the loan. Generally banks will not provide loan to the flat which is under deviation. How to get OC from builder?
2. I have paid him for Khatha. He now gives B-register (Form-B) stating that this is Khatha - B. In B-register it is clearly mentioned this form is issued to the properties without Khatha. In legality khatha-B exists or not? Builder is not agreeing for obtaining Khatha and says it is up to the occupants to get the khatha.
3. During the time of booking, builder said BWSSB, car parking and KPTCL in a package of 4 Lakhs. Now he is asking for money for BWSSB for which I have paid already in the package.
4. More over he is forming the association under society law rather than 1972 KAOA which he claims that is his regular stuff. EVen in the sale deed he has mentioned 1972 KAOA only.
5. He is asking us Rs 2 per sqft for maintenance. He is not giving out any break up for the maintenance as well as the monthly balance sheet.
More important issue - many of the inmates in the apartment unwilling to take any legal course as it will take long time to get a solution. How many people required to initiate a legal action?
I am in total confusion how to handle this situation. I am thinking of approaching consumer court in this issue. I request you to provide me valuable inputs so that I can proceed further in this issue.
Asked 4 years ago in Property Law from Bangalore, Karnataka