You can file complaint against builder before RERA
any change of plans has to be approved by flat owners
builder cannot unilaterally make changes
Stilt parking
Dear sir, I have booked a flat in G+4 structure inside a society in Gurgaon last year. The project is under construction. In the buyer and seller agreement it was written that I'll receive a stlit parking. Two months ago, builder has changed the parking plan. The builder will remove the front gate and wall and extend the parking space to give each buyer 2 parking. He has sent new plan to us and it has two allocated parking for us but surprisingly both parking are uncovered and they were not under the stilts, rather they are in front of the covered area. Only we will have open parking, others are still getting atleast one stilt parking. The builder is doing this because many of the flats are still unsold and he wants to sell those with 2 parking now. We have raised concerns about it and didn't accept it but builder didn't addressed our concerns and he told us that he will go with the new plan and he mentioned that majority of the customers are agreed on it. Does it a violation of Rera norms and can I reach out to RERA authorities for help. Thanks in advance.
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
By not providing the stilt parking the builder can be termed to have breached the conditions of the agreement for sale.
You can have remedy from any legal forum i.e., RERA or consumer forum for this deficiency in service.
The builder cannot change the approved plan at his whims and fancy.
1. Builder cannot unilaterally alter the parking clause to the disadvantage of buyer.
2. You can send a lawyer's notice to builder to seek stilt parking which had been promised in the agreement. If he does not accede to your demand then you may cancel the agreement and seek refund of earnest money paid to him.
Thank you Sir for your reply. Two follow ups questions: 1. In the communication letter, its mentioned that the majority of his buyers agreed with the new changes. This is a major change in the layout and my question is whether it required permission from each buyer or not or a majority of buyers is enough here? 2. I have tried a lot over email to get a response from them, but they are ignoring such emails. Can I use email as a evidence while sending a lawyer's notice to them. Thank you so much for the help.
Asked 4 years ago
Emails are admissible in evidence
2) if you have not agreed to changes in layout you can cancel the booking and seek refund of money paid by you with interest
3) you can send legal notice to builder if you so desire
Yes anything if it's agreed with you and not given to you can be challenged before rera or consumer court
1. Majority of buyers cannot change the approved plan of the construction of apartments or the other structural changes that the builder is proposing to make now.
The buyers are not the authority, if the builder is still insisting on the changes and deviation from the approved plan, you may make a complaint in writing to the local administration which issued the OC or CC to the builder for the flats to get your grievances redressed.
2. You will not get any response to your email correspondences. You can resort to the legal action by making a complaint to the Municipal authorities about this deviation by the builder and seek their intervention to stop the proposed changes in the approved plan which has no permission from the authorities concerned.
Sir
RERA Haryana will certainly take up this issue and you have right to get at least one stilt parking as was promised. There is need of majority of flat owners for making changes in the map and you should check with the land and building department if there is any consent from the flat owners. Anyway if you will file case in RERA then they will give such details there, however your right remains valid even then. I have recently filed a case in Haryana RERA and it is taking up matters, so you should not delay it.
Good luck
1. You are not bound by the agreement of majority of buyers. Builder had a separate agreement with you, and thus he is bound by the terms of the agreement.
2. Now serve a lawyer's notice immediately to him wherein you can mention that your email correspondence has fallen on deaf ears.
Hi,the builder cannot change the terms and conditions of the buyers agreement ..The buyers/allottes consent is relevant when there is a change in the common area of the project ..If the builder intends to change the layout of the perticular flat ,then the consent of the concerned allotte is required ..It is advisable to file the complaint before RERA forum for seeking relief..
