• Asking us to purchase TDR as builder utilise some parking area to build ground floor flats

We 4 members having flat on ground floor came to know recently that during construction builder made each flat by utilising some parking area. This comes to us as society going for occupancy certificate & now they want us to purchase TDR by paying amount for utilised parking area.
 However for my flat I am the third buyer & not aware with this discrepancy as I did registration for my flat with proper provided floor area. And now society expecting from all of us (4 members) to pay for TDR to make existing plan as approved plan.

Please suggest how I can sync with society OC process by not paying any extra amount for TDR as this fault is by builder/pramoter.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Hi, it is advisable to file a complaint before RERA.. If the OC has been recieved file a civil suit for temporary injuction in court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1)refuse to pay any money

2) builder should purchase TDR as he has used parking space for construction of flat

3) if builder refuses to do so file complaint before RERA seek orders to direct builder to obtain OC

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Ask the society to approach the builder for the same;

2. You were not made aware of this situation and you cannot be charged illegally and arbitrarily;

3. You must first send them a legal notice stating that the society should approach the builder;

4. If there is more problem then go to consumer court for deficiency of services;

5. Consult a local lawyer and go ahead with the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Does the society have an architect report which has a finding that the flats were built using unauthorised FSI?

In my view, 4 members should not be made liable

Because society is owner of building and there is violation in construction of society building which does not approve with sanctioned plans

Society cannot say that certain flats on ground floor are now not part of the building as they are built in violation of FSI rules. The building is one composite structure of which society is owner. So society is liable to undo that violation by dividing the TDR cost among all its members in equal proportions

Society can buy tdr from contribution from its members and then sue the builder to recover that money with interest

Few members cannot be penalised by requiring to pay for the tdr cost to be given to local body as condition for grant of OC

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1. The Four ground floor Flat owners are NOT liable in any way to pay for any costs of TDR, since it is a violation of the Builder.

2. File Grievance petition before the local Consumer Court, supported by documentary evidences and claim damages and compensation and interest for the losses. There is no other simpler way.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It is your fault for not obtaining a proper legal opinion before buying the proeprty.

You should have verified the approved master plan of the building before buying it.

If your flat is constructed in the parking space then it is gross violation of the approved plan and liable to be demolished.

This will result into a very great loss and hardship to you.

Instead you better cooperate with the society and get the purchase of the flat regularised as suggested.

Your refusal may attract troubles to you by yourself.

You can see if the situation is conducive and adapt accordingly.

The facts will be bitter.

You have done a wrong thing and are seeking wrong or illegal advise to overcome your wrong doing.

You failed to check the details at the time of purchase neither you bothered to obtain legal opinion at that time.

You should have thought about flat's genuineness while the same is built i the ground floor and nothing prevented you to verify the master plan. In general the ground floor in any apartment complex will be left free for the purpose of car parking, but the greedy builders would suppress the fact and lure the customers with false information or would not reveal the fact or the details of approved plan.

Regretting or lamenting over the mistake done at that time will not fetch you any relief, if you want to safe guard your property you may settle the issues amicably or stand losing the same if the authorities decide to demolish the same in view of the deviation and violation of the law in this regard.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear,

No need to pay any money to builder.

File complaint in RERA.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

It was your duty to check the approved plan before taking the flat as the principle of caveat emptor applies in India.

Therefore, it is advised to purchase the same.

Regards

As told that it is the duty of the buyer in India, you may file a case of cheating against builder and a case in the consumer forum for unethical practices.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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