Dear All,
As we signed agreement with builder for redevelopment project where after amalgamation of the old properties, there was some area gone for road widening purpose.
From the first day, this road widening and FSI receivable against it is not consumed in the project.
Builder did not disclose inherent FSI of the land in agreement to sale, also the FSI receivable against road widening. Which contravention to MOFA as well as Model form of agreement, namely V.
Our agreement have clear time period to complete the project,get the completition certificate,form the society and execute conveyance of the land/building in the name of society.The Said time period is over and our agreement is expired 3yrs before.
Now builder had applied to municipal corporation to get the FSI against the area gone for road widening and then form the society and now wanted to construct additional floor on the area marked for terrace.
Builder did not form the society as per the provision of MOFA and in period , term and conditions mentioned in the agreement.
How can he be entitle to get the FSI against the area gone for road widening. He intentionally failed to form the society in the time mentioned in the agreement as he had ill intentions to rob the FSI for road widening, if builder would have form the society as per agreeement then non utilized FSI would have gone to society.
Is there any provisions to restrain the builder from robbing the FSI which should be the property of the society, does builder entitle for non utilized FSI only because he formed the society after he get the NOC from land record office for claiming the FSI from the municipal corporation.
Such malpractises must have to be stopped.
Your views please.
Thanks,
Mangesh
