Can A Builder Change The Floor Plan

Builder changing construction plan - expanding the projection

Hi Thank you for help in advance. I had booked a flat in ane of the A List builders in Bangalore in September 2017. At that indicate we were showed the completed blueprint, structure program, of the complete project including a detailed models of the flat, likewise as a model flat on site. Based on all this data and after ensuring that the country deeds and everything else was completely clean nosotros booked a 3BHK apartment in the projection. At the signal of sale understanding: Project area : 17.vii acres Full number of units : 1608 Area of 3BHK: 1157 sq ft. Ane clubhouse Also, side by side to this project, the same builder had acquired land which we were told is a separate project where Row houses will be built and volition have nothing to do with our project. During by one year, we visited the site regularly and nosotros were repeatedly told by their CRM team that Row Houses projection is a dissever entity. However, through 1 of the buyers in our social community, we institute recently that the builder has applied for approvals from several authorities for "Expansion of the existing project" out of which the Ecology clearance has already been received. On pointing this out, the CRM people kept denying this But within the same calendar week, we all received an electronic mail regarding expansion programme and the new proposal. As per the new proposal No. of units : 2170 (increase in units by 562 - which includes 127 row houses) New blocks added : 1 New floors added to existing blocks : Total fourteen Clubhouse : Only one, and moved to a different location(role of which will come under Civic Amenities area, relinquished to the BDA) We as a group of buyers met them on site, and submitted our rejections of the new plan. This is an act of adulterous and a breach of trust from the architect side, and we practice non agree for this expansion. Non merely is the change in plan unethical, we are being forced to share the clubhouse with an increased number of residents. Can y'all please let us know the legal rights that the current owners have in such a instance. Besides, i understand that they are selling the new flats informing the new buyers about the proposed plan, and making them sign a document that they agree to it. In this case the 2/3 voting of the buyers must exist conducted for which only the current buyers should be considered and not new one, please correct me on this. Also, if the builder somehow manages to show that they have received bulk blessing, what would be the legal grade of action that the rest of the buyers can take. Tin can we inquire them to refund our money with involvement, since this is due to a deviation from the Proposed plan and the Sale Understanding. Please help us with this. Thanks & Regards A group of concerned buyers

Asked 4 years ago in Belongings Law

Religion: Hindu

1) builder cannot change the layout plan without consent of all flat owners

2) cancel your booking and seek refund with interest

3) if builder fails to refund your coin file complaint before consumer forum seek refund with interest , litigation costs , compensation for mental torture undergone by y'all

4)n in the alternative file complaint with RERA authority and seek refund with interest

Advocate, Bombay

86428 Answers

5899 Consultations

Talk to Advocate Ajay Sethi Now!

Hiii, sir equally per real estate human action, the builder has to rely upon the brochure, lay- out map that was shown to the buyers at fourth dimension of booking.. Any alterations in it , leads to criminal breach of trust and cheating ... The conduct of builder is illegal and barred under provisions of law .. 2) you should file a ceremonious adjust for permanent injuction confronting the builder and take a stay gild so that he do non beginning over the construction and sell the units to new buyers ...iii) you can file a case in the national consumer forum, and ask for the refund of your amount alongwith involvement , as the architect has violated the terms of contract ..

Advocate, Gurgaon

4617 Answers

63 Consultations

Talk to Abet Hemant Chaudhary

To put information technology in a nut shell the builder has cheated you, he had bodacious you in the commencement that your projection would only comprise of 1608 units all apartments with one club business firm, on this assurance you had decided to purchase the apartment in this projection.

Now of a sudden during the construction the architect decides to expand it and include Row Houses equally well into this projection to salve on the club house structure toll, which tantamount to cheating.

You equally the buyer/s can opt out of the project citing deviation from the original plan and seek for complete refund along with bounty from the builder, alternatively y'all could as a group of concerned buyers write to the builder to stick with the original plan, if the architect were to ignore your demands then you lot could take the legal route.

has the builder registered under the new RERA Human action, if and then yous could seek redressal under this act as well.

Abet, Bangalore

1298 Answers

194 Consultations

Talk to Advocate Kiran N. Murthy

Yes yous can inquire him to refund the money as the same is against the object of RERA and if he says that he will deduct certain corporeality, shoot him with a legal notice and thereupon lodge a complaint in RERA.

It is your flat, y'all agreed to buy a flat on certain conditions and afterward seeing the proposal, if that proposal/ plan is changed you have every right to seek refund.

Regards

Advocate, New Delhi

17915 Answers

361 Consultations

Talk to Advocate Anilesh Tewari

Whether or not this receives approval of the bulk buyer, this is an illegality against you lot for which the builder is liable to be booked nether section 12 and other provision of the Real Manor Act. Under the said department, the a builder is liable to indemnify a buyer for the amercement caused to him on account of any wrong, false argument supplied to him past ways of the projection advertizement or prospectus. Your case is clearly covered under this section. File a complainer nether section 31 read with section 71 of RERA.

Y'all instance is fit for seeking refund with interest. Also seek compensation for the harassment meted out to you.

Contact a local Lawyer.

Advocate, New Delhi

9420 Answers

230 Consultations

Talk to Advocate Vibhanshu Srivastava At present!

If the proposed expansion past the builder is a deviated plan to the existing projection and was not included in your original principal plan and there was no whisper about such an expansion in the sale agreement or the conditions that were let known at the time of booking y'all have rights to object to this violation and breach of atmospheric condition.

Yous can protest this very strongly if you consider this as contrary to the conditions offered to you lot in the sale agreement.

You tin issue a legal notice and intimate your decision to cancel the booking and need the entire amount with involvement from the date of payment.

If in that location is no response from architect you lot may elevate him to the consumer forum demanding refund of your booking amount with interest along with compensation for the mental desperation due to his deficiency of service and fraudulent activeness