Nilesh (AppDeveloper) 25 January 2014

Building is not constructed as per approved plan.

Dear Experts,

I purchased a flat in Ahmedabad (infact only "Agreement to sale" is executed at the moment).

When I paid margin money and applied for a loan from IDBI bank, my loan was rejected with below reason.

"There were only 2 flats permitted on each floor and builder has constructed 5 floors so building is NOT constructed as per approved plan"

Below are some facts about that property

1) Society is formed and property is occupied for 14 years

2) Share certificates and allotment letters have been issued by society.

3) There is NO completion completion certificate / occupation certificate / Building usage permission.

4) There is NO amended floor plan.

5) Society members are paying property taxes / municipal taxes.

6) Plot on which building is constructed is legal.

Need your guidance what should I do in this case - Is it advisable at all to go ahead and apply to some other bank to see if they approve loan (What may be consequences in future)? If NOT, can we file a case against owner for NOT informing about this issue if owner does NOT return money we paid?

Many thanks,

Nilesh.

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3 Replies

amit jhaveri (managing partner) 25 January 2014

Your only recourse is against the builder. as oc etc not taken...conveyance could not have taken place in favor of society. hence the property still in name of builder.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 January 2014

Consult to G.B.A.

In year 1992 different builders-individual & organizations independently working in Gandhinagar have come on common platform for uniform & proper approach to various problems pertaining constructions laws in force by the state government-thus GBA came in existence.

The Gandhinagar Builders Association (GBA) is part of organizations who share a common mission: to serve the housing industry and provide expanding opportunities for all consumers to have safe, decent and affordable housing. Individual members join local associations, which in turn are affiliated with the Gandhinagar Builders Association (GBA)

BAALASUBRAMANNYAMM (Advocate) 25 January 2014

Since, there is no approved plan, for further construction of floors, Sl.No.1 to 6 in question, could not be saved you. If any bank wants to give loan, they should have to concentrate on an approved Plan only. So it is must.

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