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
Asked 9 years ago in Property Law
Religion: Hindu
Dear Sir,
Its not clear to me what to do next. I have paid 100% now just registry is left. I want to close this dispute before registry. What if i does the registry of the flat, before resolving the dispute?
>>yes i have documentary evidence.
>>yes i have sent any email wherein i have protested,
>>no consent was taken from me for the changes
>>Yes i have signed - 1.Floor Buyer's Agreement(Original one), 2. Amended Floor Buyer's Agreement
1.Floor Buyer's Agreement(Original one) - there 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
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".
2. Amended Floor Buyer's Agreement (Later On)
Builder have mentioned & charged for the increase in saleable area not mentioned anything about the geographical change of my Flat.
Can you tell me - is a builder allowed to change the geographic location of a flat without informing the owner or he can play around the flat without changing the flat physical location.
Can you plz elaborate the clause no.3.4.
Regards,
Neeraj Rathore
Asked 9 years ago