• Change in preferential location

Dear Sir,

I have booked a flat on SARE project at Ghaziabad (U.P). At the time of booking my flat was in the middle of the project which was park facing with 9m road(this is what i chosen) as shown on their site layout plan. During construction period i went number of times at the site to see our unit but they never allowed us for the sake of safety. 

Now at the time of possession i was surprised to see the location of my unit, it is along with boundary wall & 18m road.

On the middle of the construction period there was an amendment to the Floor Buyer's Agreement in which the builder never told us about the change in location of my unit. They just shared the change (Increase) on the saleble area with floor plan.

Now when I am confronting with them that why this change in preferential location took without any information, they are putting up following agreement notes:
                 Floor Buyer's Agreement -
                                                      it is clause no 3.1,which clearly mentions that the Saleable area  is tentative and shall be finalized at the time of possession; and it is clause no. 3.4, which states that "If due to any change in the layout plan, the said floor becomes located at preferential location, then the Allottee(s) shall pay additional PLC as applicable, as may be demanded by the company". 

How? to resolve & What? to do on the following issues which is due to the constructions of approx 57 new flats which were not there on site layout plan at the time of booking:

1. Change in preferential location.
2. Decreased green area 

Kindly Advise

Regards,
Neeraj Rathore
neeraj_rathore22@rediffmail.com
Asked 1 year ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
you have the option to cancel the booking and agreement of sale and construction (if already executed between you and builder) and seek for complete refund along with interest @ 18% p.a from the date of booking upto cancellation.
If builder refuses, then issue a legal notice and file a consumer disputes case against builder.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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1) do you have any documentary evidence that you have booked park facing location ?

2) did you send any email wherein you have protested against change in your flat location ?

3) consent of buyer is needed to change flat location . 

4) agreement signed by you with builder needs to be perused for further advice . 

5) if as per your agreement builder can change your flat location and you have agreed then you wont get any reliefs from courts 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
1) under terms of agreement signed by you with builder it is mentioned that size of flat can be changed . at time of possession exact are of flat would be intimated to purchaser . in clause 3.4 what is mentioned by term PLC is a mystery. it would most probably be additional charges if you want flat on preferred location 

2) if you have not agreed for change in location of your flat and builder has arbitrarily done so you can move consumer forum against the builder and seek compensation for the difference in price on road facing and garden facing flats 

3) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
as stated by you if you proceed to complete the registry, then it means you have accepted the terms and conditions and the re-location of the flat, which cannot be disputed at a later date or point in time nor before any court.
therefore to resolve the dispute before the registry issue a legal notice to the builder point out the discrepancies now itself and demand for the flat as per original agreement, if he does not respond, before registry file the consumer complaint and seek for complete refund from the builder along with costs and compensation.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
The referred clause is not at all legally tenable.
The clause No. 3.1 cannot be considered as a claus agreeable to the party buying the property because there is no concrete decision on the issue, therefore it can be challenged because of its arbitrariness. 
The clause No.3.4 is again not in accordance with legal parlance.  The buyer cannot be taken for such a big ride as per the will and wish of the builder.  It is hard earned money of the buyer and prevailing upon him on the basis of some arbitrary decision is absolutely illegal.
You can draw the builder to consumer court and seek relief against the grievance stating ha the builder has no right to change the rules as per his convenience.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1. The refusal to grant permission to see the unit should have sent the alarm bells ringing.

2. It seems that you did not get your agreement vetted by a lawyer. Clause 3.1. works against you with full vigour as it empowers the builder to change the saleable area.

3. Once the registry is made you will become the owner of the property and cease to have the right to sue the builder for any deviation from the original agreement.

4. The builder is permitted to change the location of the flat only with the consent of the allottee. If changing the location has to be preceded by an amendment in the original agreement the consent of the allottee has to be reduced in writing on the amended draft. 

5. You can issue a lawyer's notice to the builder to either demand the cancellation of the agreement and refund of the amount paid to him, or the delivery of the unit which was initially promised to you. If the builder does not comply with the demand you will be at liberty to go to court against him.
Ashish Davessar
Advocate, Jaipur
18205 Answers
449 Consultations
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