• Validating pounts before filing case on builder

Dear Sir,

First I will explain the situation:
Our builder didn't advertise for OC and told us that since they have deviations in project so collecting 125000 from us ( 60 owners). There are 120 flats. After one and half year with great pressure from owners they returned our deposit writing by saying as settlement( not mentioned OC deposit).
STP size was not mentioned. But it is half of our requirement. 40-60 owners occupied the project almost 2-1.5 years.Builder didn't handover our deposits like KEB+BWSSB, warranties,other docs because parking lots were not allocated.
There is no equal space between the pillars and we bought after all floors are constructed and builder also didn't mention the size. Sale deed and Agreement says Ample parking space. Owners and Association ppl are not letting the builder to allocate parking lots because we are demanding equal space/according to BBMP rule size , in that argument builder friends were angry and try to attack one of the owners n threatened us.

So here are my questions:

1.Can we fight for OC. If we fight, can we expect compensation in terms of cash or do we loose our deviations i.e extended balconies

2. Can we fight for STP. Can we get compensation in terms of cash or new STP/extend the existing STP

3. Can we fight for Parking allocation as per BBMP(Karnataka) rule or equal space for everyone as we all paid equal amount for parking space.

4. Not letting the builder for parking lot allocation, is it right?.

5.Can we add that point builder threatened us?

What are the points other than below points we can fight?

1. KEB+ BWSSB deposit and handover all other docs n sketchs related to project.

2. Parking allocation.

3.Threatening owners

4. Grievance for delaying handover

Please advise.

Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

1) builder is bound to complete building as per sanctioned plans and obtain OC

2) if he fails to do so file complaint before RERA consumer forum seek orders to direct builder to obtain occupation certificate

3) you are entitled to parking slots as per BBMP sanctioned plans

4) builder cannot sell parking slots only allot car parking slots

5) you can mention that builder has threatened you with dire consequences if you complained

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Any deviation from the promised contribution can rightly be contested before Consumer court for relief acc. to agreed construction and compensation. and complain to RERA. All relief are available through consumer court - space, STP , OC , parking, delayed possesion etc.

OC will be provided by rectifying the violation of building by laws, extended balcony one of them.

Sewage Treatment Plant - It is compulsory for larger apartments or larger community buildings to have a sewage treatment plant within the site. Complain to Municipality.

For threatening, file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If there is no OC received for the building and you and other owners are occupying the same, then such occupation is illegal

2. full form of STP?

3. builder cannot sell parking spaces. Owners who paid for parking did so at their own risks

4. builder has no right to allot parking space. It is the prerogative of society

5. yes

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

1. you can fight for OC, but there is no guarantee for compensation.

2. Yes you can get new STP provided the builder is not refusing this time.

3. The society should be approached for this. There cannot be new parking space built or renovating the old one.

4. The builder has to provide sufficient parking space to all the members.

5. yes.

You can issue a legal notice through your lawyer who will take care of all other issues.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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