You can file a complaint under mofa act as well as file case before consumer court. Writ petition will also be a speedy remedy
Changes in sanctioned plans without informing or meeting of previous buyers.
Respected sir, We are trapped in a situation where Builder have made promises as per plans of Building no 1 as g + 2 commercial and Building 2 as g + 14 residential, But suddenly builder have changed plans, in Building no 1 g commercial + 9 Residency without informing to allotees, and the Builder didn't shown any proposed plans related to it and took forced undertaking agreement with all buyers after every registry and also he was not allowing to sign on possession letter if undertaking didn't sign and undertaking agreement was taken back 2 years , but he changed plans before 5-7 months back from now . In this days He haven't Informed about revised plans , amendments, parking spaces as new plans and modifications to all allotees , also didn't took any final undertaking or any meetings related to this with buyers, so here he took just informed agreement, that I will be doing this and this everything tariff, extra taxes, Previous dues etc will be liable to buyers , this is builder intention in undertaking agreement at time of Giving possession. In undertaking agreement everything point wise which were removed in RERA agreement builder have putted in undertaking agreement by which is safe side like MOFA ACT and allotees are trapped. Also Undertaking agreement is not Notarized just signed ! So as per brochure given to us Our front open space gone, Recreational open spaces have became small , Air , Natural lights, privacy and value decreased too And also building no 1 constructedd illegally back one year before ( I have proof as pics) but today he got permission as per revised plan so practically, today is legal but constructed before 1 year ! So What should we do now ? and also we were makes fooled while signing undertaking agreement as Builder said this is just for society making process , so by this many buyers have signed. And also some buyers were illiterate , so also they signed on trust . But we all are against builder for this act, pls give us way where we can Start fight , writ petition, RERA, consumer Court ? And also we want to cancel Undertaking agreement .
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
File complaint against builder before RERA or consumer forum and seek orders to direct builder demolish construction done contrary to sanctioned plans
2) enclose copy of brochures on basis of which flats sold to you
3) seek orders to direct builder to refund your money with interest
4) seek litigation costs and compensation for mental torture undergone by you
- Consumer Court will provide the most effect and speedy remedy.
- I'm prepared to act as your counsel (Advocate) and plead in consumer Court to get the remedies.
- However, I require an exhaustive consultation session with you guys first. I'm based in Navi Mumbai/Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.
1. Irrespective of the "undertaking agreement" of whatever, IF the clauses in the agreement are not in conformity of law parameters, THEN such given undertaking are legally not enforceable in a court of law.
2. In the described circumstances, file a grievance petition before the local Consumer Court, against the Builder (after forming a Society /Association) and request the court for damages, compensation and invalidating the undertaking document. You should have proper supporting documentary evidences and witnesses affidavits.
A consumer complaint can be filed against builder seeking relief compensation against the builder, further such undertaking contrary to law cannot be held binding and same can be bought as malpractice before the consumer court.
You have options under Consumer, Civil & Criminal Laws.
You give notice to the Builder by referring to the Broucher & the original sanction.
Followed by lodging complaint with RERA, demanding them to demolish the unauthorized construction.
You demonstrate to all concerned about the difficulties suffered by you.
You can also claim damages along with expenditure you incurred and also compensation for your suffering.
And also one thing , that local Muncipal corporation have granted permission as per DCR rules of Bhiwandi corporation. So can bncmc rules will be apply in RERA, or writ or consumer court ? By Builders and also once I have complaint online for illegal construction , but bncmc didn't reply nor took action.
Asked 6 years ago
Proceed in consumer complaint for the relief.
The issue is construction has been done contrary to sanctioned plans given to you at time of booking
for further changes consent t of all flat owners is necessary
Better option for you is to initiate proceedings under Consumer Protection Act. Since it is result oriented and cost effective.
Further, if you initiate proceedings under civil law or writ jurisdiction you may have to incur huge expenditure apart from loosing lot of man days, time etc., and that, you may have to wait for 5 to 10 years minimum considering the procedure to be followed therein.
Initiate proceedings as Consumer against Builder as detailed above.
Issue notices to the higher officials of Corporation bringing to their notice about actions taken by you.
Good Luck.
In this case it is better you file writ for speedy remedy. consumer court have limited powers compared to high court under writ jurisdiction
builder cannot change the approval plan without obtaining consent of the Allottees.
approach before district consumer forum and seek compensation and consumer forum will issue directions to builder.
if you complained online it can not be so effective. forwRd your complaint in writing before concern authority.
You have options to fight against this illegal activities of the builder through RERA or consumer forum.
If you dont get any relief from RERA then you may approach consumer forum with your grievances by producing the documentary evidences of all such illegal activities of the builder and get your grievances redressed.
You may gather like minded people to fight along with you against the builder.
The authorities concerned are filled with corrupted staffs who are thoroughly taken care of by the builder hence you may not get any fruitful response from them, hence you may better approach consumer forum for relief and remedy.
- As per the information mentioned in the present query, makes it clear that though you have made to sign it so that he can take advantage of the same, but still as all are there in quite good number, you all will be saved.
- I would advice you to approach the national or state consumer forum for the enforcement of the prior agreement and also go for the nullify of the subsequent document as the same git signed by fraudulently.
- And yes, if the construction is illegal and corporation has not taken any action till yet then approach the Hon’ble High Court under Writ Jurisdiction by using the same complaint sent to the corporation.