When the document executed between me (tenant) and the builder there was no provision of fungble fsi as the builder delayed 8 years the project now is eligible for fungible fsi am telling the builder to provide the free 35% fungible to me as per dcr 35 (4) the builder is saying he will not provide the free area. how can i legally obtain the free fungible which i am eligible for ? what steps can i take legally to make the builder give me the provision of dcr 35(4) which clearly states that tenant should get 35% fungible area over and above the existing area?
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It is necessary to peruse agreement between builder and tenant to advise
2) what is time period mentioned in agreement fir completion of construction
3) if builder has not done any construction work fir 8 years terminate the agreement and encash the bank guarantee
4) inform the builder that you are willing to permit him to carry on construction only if he provides fungible area above the existing area
File suit with RERA
Dear Client,
Government has allowed Compensatory Fungible FSI of up to 35% for Residential Developments and 20% for Industrial and Commercial Developments.
Complain to Slum Redevelopment Authority or officer authorised as commissioner to look into affairs of DCR.
Hello,
Send a legal notice to the builder in order to claim the free fungible.
if he does not respond to the same file a case in the consumer forum for the unfair trade practices on part of the builder.
Regards
Notwithstanding anything contained in the D.C.Regulations 32, 33 & 34, the
Commissioner may, by special permission, permit fungible compensatory Floor
Space Index, not exceeding 35% for residential development and 20% for
Industrial/Commercial development, over and above admissible Floor Space Index,
by charging a premium at the rate of 60%, 80% and 100% of the Stamp Duty Ready
Recknor Rate, for Residential, Industrial and Commercial development
respectively./
Provided further that such fungible compensatory FSI for rehabilitation
component shall not be used for free sale component and shall be used to give
additional area over and above eligible area to the existing tenants / occupants.
Did the builder refuse the same in writing after you have applied for the same in writing to the builder.
If he is refusing it orally then you issue a legal notice to him by registered post demanding the same quoting the above provisions of law, let him give a reply either accepting it or denying it, you can drag him to consumer court or appropriate civil court seeking relief and remedy.
1) You can make complaint in consumer forum and in the RERA. for additional fungal FSI rights of yours.
