I have just bought a flat in an apartment (DS-MAX - Horamavu, construction started in 2012) where the builder had aproval to construct G+3 floors and they have built G+4. My flat is on top floor which as per me is illegal and may face issues in future. The builder is confirming me to give Registry of the flat and a B Khata document however they don't have the Occupancy Certificate/CC . My loan has been approved by Bank of Maharashtra and the building is approved by SBI as well ( I guess the initial plan).
Do you suggest me to cancel the booking or should I wait for High Court decision on Akrama-Shakarma?
Also if I cancel the booking there is a penalty of 1.5 lakhs which I need to pay though since the builder didn't disclose the details around OC, am I eligible for complete refund? I have already paid almost 7 lakhs and rest loan is also approved (EMI not started)
Eagerly waiting for your reply.
Asked in Property Law from Bangalore, Karnataka
1. I would ask you to wait till the property is converted into A Khata.
2.The B khata in itself is not illegal but it is irregular anyway and no property is goj g to be demolished for B khata.
3. if you can cancel the agreement the builder may forfeit some money to recover which you have to file case in consumer frum which will again take time and money.
4.So have patience and wait for conversion.
It will be a recipe for disaster to purchase this property as your title will be defective. Wait till the final judgment of the HC. You should never have booked this flat as cancellation now would be governed by the cancellation clause. Unless you can prove that there was misrepresentation by the builder you cannot claim refund in entirety.
1) your flat has been constructed illegally by the builder
2) no OC would be issued as construction is illegal
3) cancel your booking seek refund of amount paid with interest
4) builder cannot deduct Rs 1.5 lakhs as he has not constructed 4th floor as per sanctioned plans
5) if builder fails to pay full refund move consumer forum against builder seek refund with interest