• Cancelling registration for under construction flat

Hello Everyone,

Thanks for your help.
I had purchased a flat from a reputed builder. The possession date is Jun-24. It was supposed to be Dec-23, but the construction is not complete yet. Which I am ok with and ready to wait. 
But the real problem is they had promised 24 hrs water supply. I visited the Phase 1 flats which they had completed. I was surprised to see that they did not make any provision to install water tanks inside the house. According to me, there should have been space above the bathroom to install water tanks, which can be used as a backup in case there is any issue with the main supply. Now here is the real Kicker, the people in Phase 1 are struggling without water. Because the builder is unable to fulfill the 24 hrs water supply and they don't have any space to install water tanks inside their homes.
Our house is in phase 2 and I am no longer comfortable with what is going on. The Phase 1 tenants tried protesting but they were arrested because the builder has political backing. 
I want to get out of this mess, but I wanted to check if there is a way I can.
I made a 20% down payment from my pocket. And from bank loan 55%. 25% is pending which we have to pay once we get OC.
Asked 1 year ago in Property Law
Religion: Other

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8 Answers

please take note that no water tanks can be installed by you your flat 

 

2)storage of water should only be in society underground and over head tanks 

 

3) in Mumbai , hoarding "water", in any type of container/tank (or whatever) is illegal and punishable with a fine of Rs. 2500/- AND a continuing offence will lead to revocation of the "occupancy certificate (OC)", to the Society building.


Ajay Sethi
Advocate, Mumbai
97267 Answers
7856 Consultations

builder is correct in not  making provisions of water tanks inside the flat 

 

2) most societies in Bombay face water problems . remedy is to opt for boring water in toilets 

 

3)if you  cancel your flat registration and seek refund builder would levy cancellation charges as per your agreement 

Ajay Sethi
Advocate, Mumbai
97267 Answers
7856 Consultations

If the project is RERA registered, submit a complaint to RERA authority for deficiency as he has falsely represented that there will be water supply 24/7 as experienced by phase I residents  and seek refund of advance paid with interest. If it not registered under RERA, you can approach District Consumer Commission under new Consumer Protection Act, 2019 under which proceeding are very fast. Even in fist case you can approach District Consumer Commission. Any minor deficiency can be cause of refund and your deficiency is major one. 

Ravi Shinde
Advocate, Hyderabad
4292 Answers
42 Consultations

There is no provision to provide water tank to store water within the flat.

The water can be stored in the sump located in the ground floor and pumped out to different flats or it can be stored in the over head water tanks located in the terrace. 

it is illegal on part of members to install additional water tanks for storage of water tanks in flats . if any member is aggrieved he can complain to municipal corporation about it . although it is illegal most flats in societies have installed water tanks for storage of water.

However you may note that here is no law which restrict installing such separate tank. 

However since the water connection line is one and common for all the flat owners setting up separate tank for one/two individual flat owners is not allowed by others

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

Cancellation of the booking of the property can be cancelled by you for the reasons you may rely upon.

However since this reasons is not a valid reason, it will be treated as your own decision to cancel the booking of flat, thereby you may have suffer the loss of deduction of 10# of booking amount as per the conditions of the agreement

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

Dear Client,


  1. Review the Agreement: Review the agreement you signed with the builder carefully. Look for clauses related to possession dates, promised amenities (like 24-hour water supply), and the repercussions for delays or non-compliance.

 


  1. Contact the Builder: Reach out to the builder and express your concerns regarding the water supply and the situation in Phase 1. Seek clarification on their plans to address the water supply issues and inquire about any modifications they might be making to the Phase 2 construction to ensure water availability.

 


  1. Builder's Reputation: Research the builder's reputation, previous projects, and legal history. This could give you insights into their track record in delivering promised amenities and handling similar situations in the past.

 


  1. Approach the Consumer Forums: If you exhaust all negotiations and find yourself in a situation where your rights as a consumer are being violated, you might consider seeking guidance from consumer protection forums.

Regards

Prime Legal

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

You can cancel the same under rera law without deducting anything 

Prashant Nayak
Advocate, Mumbai
32693 Answers
208 Consultations

Hello,

 

For cancellation of registration and refund you can approach ti MAHARERA authority.

Bhushan Adinath Vardhamane
Advocate, Mumbai
12 Answers

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