• Builder not getting permission from BM for top two floors he built

In redevelopment chsl project started in 2009, i have booked flat in bhandup 2010. And made agreement two year back. We are halted because builder not giving possession till date. I am buyer of flat and not a old resident of society.   Builder doesn't getting permission from BMC for two floor he built illegally.  Now I want to get out of this mental agoney and look for another flat. Pls advice wat are my rights and wat action I should take against builder. Thank u in advance.
Asked 1 year ago in Property Law from mumbai, Maharashtra
Religion: Hindu
A. Is there any penalty clause mentioned in the Sale Agreement or terms and conditions of the application form?

B. If no, you can issue a legal notice to the builder to pay the compensation for the delay of delivery of possession and you can lodge the complaint before the local authority against the builder. So the builder has committed mistakes and should bear all the damages under the deficiency in the service. And claim separate damages for mental agony. 

C. File a complaint before the consumer forum to give direction to the builder to complete the construction in time to deliver the flat  or claim damages and compensation for the delay of delivery of possession by submitting all material records and you can claim for refund the amount with an interest.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1) since the construction is illegal builder will not be able to obtain occupation certificate in respect of said flat from BMC 

2) file RTI with BMC as to why OC had not been issued in respect of said 2 floors 

3)) if BMC says construction is unauthorised cancel agreement and seek refund of money paid with interest 

5) if builder refused to pay move consumer forum against builder for refund and compensation for mebr torture undergone by you 

6) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Hi,
 send the builder a legal notice asking him to return the money since he is delaying the possession due to not getting the permission from BMC.
if he is not returning the money, approach  the consumer forum  seeking reliefs.
 hope there is a time clause in the agreement which stipulates the time for possession.
The builder knowingly  sold you the flat despite knowing that he did not have the permission. what about you where you told by the builder at the time of booking that  he is awaiting BMC permission to construct .
Your option is to get the money back by approaching a court. consumer forum is the best option as you can cut down on court fee..
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. BMC may not give permission if the floors have been built in violation of the approved plan, or it may accord permission after penalising him. He cannot as a matter of right claim the regularization of the illegally constructed floors.

2. You can issue a lawyer's notice for cancellation of the agreement and seek the refund of the amount you have paid to him. If he does not honour your demand you may sue him for the recovery of the amount.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You will have to file a case in your consumer forum thereby seeking compensation from the builder for deficiency of the services
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
If you have made the agreement for sale with the builder and the same is registered, if as per agreement the construction is getting delayed inordinately, you may issue a legal notice communicating your decision to cancel the agreement due to the reasons you find it difficult to proceed along. 
If the builder is not responding or not complying with your demand, you may approach consumer forum for deficiency of service by the builder and seek solace through the court itself. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. You should ot have booked the flat for which there is no sanction from the BMC,

2. You can file a consumer case alleging deficiency in service ahnd unfair business practice claiming refund of the amount paid by you with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
you should send a legal notice for immediate possession of the flat and give stipulated time like 1 month etc. and mentioned in the notice that if you fail to provide possession you will initiate legal action against you.

after lapse of stipulated time you should file complaint before consumer forum for compensation for mental agony, cost of the proceeding, return of money with interest or give immediate possession. 

you will get appropriate justice from the forum. forum will take short period then regular suit in the civil court. 
Shivendra Pratap Singh
Advocate, Lucknow
2736 Answers
41 Consultations
4.9 on 5.0
1) you are liable to pay the builder  sale price mentioned in the sale deed . 

2) builder cannot seek to recover additional money from flat purchasers 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Amount which has not been provided for in the agreement cannot be sought from the buyers. Refuse to pay it.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. He is not entitled to any amount other than what has been mentioned in the agreement for sale,

2. He will stop arm twisting you the moment he finds that you all have gone to the Consumer Forum and he might have to pay damage and penalty to all,

3. Act as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
If the new conditions are added and the builder is demanding more money towards the said reason, you can very well terminate the contract quoting the said reason and demand for t=refund of amount already paid.
If he refuses or is trying to play any trick, you may approach the jurisdictional consumer forum forgetting your grievances redressed. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0

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