• OC related query

I have entered into an agreement to buy a flat which is under construction. The builder has made some specific alterations for me in the flat like Pooja room etc. I now find that the builder has constructed a penthouse on the flat which was not part of the original plan and also a commercial space which will result in deviation and I may not get OC. If I decide to opt out of the agreement now, what will be the consequences. Assume say if I am prepared to pay for the alterations that builder has specifically made for me. What can the builder legally ask me to pay as damages??
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
if builder has not completed construction as per sanctioned plans no OC would be issued by BBMP 

2) unauthoirsed construction can be demolished 

3) your agreement must have contained a clause regarding cancellation 

4) in the event you default in making further payment builder can forfeit advance money paid by you if it is provided in the contract 

5) it is necessary to perused agreement signed by you with builder to advice further 
Ajay Sethi
Advocate, Mumbai
46795 Answers
2768 Consultations

5.0 on 5.0

If you decide to cancel the agreement now then the builder will have to refund the sale consideration. The builder cannot forfeit a part of sale consideration even for the alterations which he made to cater to your needs as the cancellation of agreement is necessitated due to the violation of original plan by the builder. You are the one who can make the builder liable to compensate you. So either tell the builder to get the deviation regularized on payment of penalty in accordance with rules or you may cancel the agreement.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Hi, As there is a violation in the Building so  property will not get OC.

2. Secondly if you want to cancel the agreement you can cancel it but the alteration in the flat was made at your request  but there is no documents to show that at your request only alteration was done so builder has to prove that in the court.

Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

If you apprehend that the builder may not be able to regularise the deviations hence will not be able to procure OC, your fears are natural and justified.  You may issue notice in writing to the builder communicating your decision to cancel the booking in view of the blatant deviations made by him which would obstruct in getting OC for the building and unsafe to inhabit with a persisting fear of demolition by authorities due to the irregularities in construction deviating the approved plan.
If he is demanding the charges for the alterations made for your convenience, you may pay a justified amount from the demand, but do not commit in writing that you have agreed for the alterations and it was at your instance that the builder made the alterations in the flat, let this agreement be in oral alone. 
After the legal notice, if the builder is trying to create problems on this you may drag him to consumer court seeking relief and remedy.
T Kalaiselvan
Advocate, Vellore
36928 Answers
403 Consultations

5.0 on 5.0

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