Vitthal (IT Consultant) 22 June 2009

Change of Plans by the Builder after purchasing flat

Hi,

We are a complex of 15 buildings each having 7 floors & 4 flats on each floor. The builder have sold flats in all the buildings except one. As per the initial plans there were to be two gardens in the complex. One in the center of the society in front of the Club house & the location of the other one was behind four of the buildings & in front of two buildings.
The builder has completed one of the garden in the center but he has not done anything about the other garden. Recently through RTI we got to know that the builder has submitted a new plan for approval of the Thane Municipal corporation. As per the new plan he has suggested a new building in place of the second garden. We have obtained the copy of the new layout he has put for TMC approval. Regarding this situation I have the following queries.

1) Would going to the Consumer Court help to stop the builder from constructing a new building in place of the Garden ?
2) What is the other option if we do not go to consumer court ? Could you also suggest some lawyers from Thane area ?

regards

Thane

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5 Replies

Adv. Lalit K. Jhunjhunwala (Lawyer) 22 June 2009

First of All

1. you should register you written compliant with signature of all the unit members to the Bahnd Kam {Building Permission] Department of your Municiapl Corporation and obtain an acknowledgement for the same. [Mark a copy of the same to Garden Department and Municipal Commissioner]

2. Immediately on the next day move an RTI to all the three offices asking them as to what action was tkaen in the complaint filled by you.

3. Send builder a Legal notice calling uponhim not to alter with the plan.

4. You can very well move to the consumer forum but there as the trend goes you will only get the compensation.

I suggest you follow the first three steps and you will surely get some positive results.

Vitthal (IT Consultant) 23 June 2009

Thanks for your response.

We have already done the two steps out of the three you have suggested. The builder has chosen to ignore the legal notice. They have not responded to the notice. We do have the acknowledgement with us. A letter of objection has also been pushed to the Thane Municipal commissioner, we do have the receipt with us. What we have not done is sending the written complaint alongwith all residents signatures.

The lawyer whose services we used for sending the legal notice suggested us about the consumer court. I asked this query because he was insisting that the consumer court have the powers to stop the construction. Moreover he was asking a hefty fees for filing the consumer court complaint. Thats when we thought of taking more legal opinions & I landed up here with my query.

What steps would you suggest in light of this further information ?

regards

satish yadav (Law) 23 June 2009

Approach the consumer commission and get stay on further construction. This will be very effective and least costly route to succes.

Satish Kumar

Advocate

9810419742 Delhi

Mangesh law_student (Service) 23 September 2009

But does the consumer court have powers to grant stay on new/further construction??? or does Mr.Vitthal have to file suit in civil court?

Also he needs to check for MOFA section 7 and 7 A applicability for alterations in the project.

Vitthal (IT Consultant) 30 September 2009

As per my understanding they dont have the powers to grant stay. I am told, civil suit is the way to go. I recently approached another advocate on the matter & as per her opinion MOFA provisions are with builders. hence the better way would be to file a writ in the high court & get status quo maintened.